Jackson DUI Lawyers

New Jersey has some of the strictest driving under the influence (DUI) laws in the country, even for first-time offenders. There is a lot at stake and many potentially severe consequences for a DUI arrest, but fortunately, there are also several possible defenses.

DUI is not a charge you want to leave to chance without legal representation. Without legal representation, you could end up facing consequences that affect every area of your life, including your ability to drive or earn a living. Our experienced Jackson DUI lawyers at Kitrick, McWeeney & Wells, LLC understand what you have at stake and provide comprehensive and aggressive legal defense for clients facing DUI charges.

What Are New Jersey’s Drunk Driving Offenses?

In New Jersey, it is illegal to operate a motor vehicle while under the influence of alcohol or drugs or with a blood alcohol concentration (BAC) of 0.08 percent or higher. This means that you can be charged with a DUI in two different ways – either operating a vehicle under the influence, regardless of your BAC, or whether your BAC is 0.08 percent or higher, regardless of whether or not the alcohol is influencing your ability to drive. In addition to being charged with DUI, you can also be charged with additional offenses, such as:

• DUI with injury or death by auto
• Possession of an open container
• Refusing to consent to a breath test
• Underage drunk driving
• DUI with a minor-aged passenger

Driving under the influence in New Jersey is considered a traffic offense, meaning if you are charged with DUI, you are not entitled to a jury trial. Your fate will be determined by a municipal court judge who will determine the outcome and penalties based on the circumstances of your case.

State laws also prohibit prosecutors from offering plea bargains, downgrading, or commuting the charges, making it vitally important to retain legal representation if you are charged with a DUI. You will need a knowledgeable and experienced Jackson DUI lawyer who understands how to have your charges dismissed or other legal means to ensure the best possible outcome in your case.

What Are the Penalties for DUI in New Jersey?

Penalties for DUI vary and are determined based on the offender’s DUI history and whether there were additional aggravating factors involved in the arrest. For instance, possible penalties for first-time DUI offenses include:

• $200 to $400 in fines
• Insurance surcharges
• Indefinite loss of license
• Three-month installation of an ignition interlock device
• Holding at an Intoxicated Driver Resource Center for up to 48 hours
• Up to 30 days in jail

What Is New Jersey’s Implied Consent Law?

New Jersey is an “implied consent” state, meaning that if you are stopped on suspicion of DUI, you are legally required to submit the Alcotest breath test, commonly called a “breathalyzer” test. If you submit to the test, the prosecution can use your BAC level against you in court.

If you refuse the test, you can be charged with the separate offense of violating the implied consent law in addition to DUI charges. As a separate offense, you can be penalized for the violation even if you are not convicted of the DUI charges, which are severe, even for first-time offenders.

How Are DUI Offenses Proven in New Jersey?

You and your lawyer are not required to prove your innocence in DUI cases. It is the prosecution’s responsibility to prove a defendant’s guilt beyond a reasonable doubt, while you need to prevent the prosecution from doing so.

Under New Jersey law, the prosecution must prove your guilt by demonstrating that you were operating a motor vehicle while under the influence of alcohol or drugs or with a BAC of 0.08 percent or higher. The prosecution only needs to prove one of these factors, not both.

Can I Refuse a Breathalyzer Test in New Jersey?

New Jersey has implied consent laws, which means that you have already consented to a breathalyzer test by driving on New Jersey roads if a police officer suspects you of driving under the influence. Refusing a breathalyzer test can result in a license suspension and other penalties.

What Is an Ignition Interlock Device (IID)?

An IID device installed in your vehicle requires you to blow into it to measure your BAC before starting the car. In New Jersey, IIDs are often required for certain DUI offenses, and the duration of IID installation depends on the offense and any prior convictions.

Can I Get a DUI Expunged From My Record in New Jersey?

A DUI conviction generally cannot be expunged in New Jersey from your record. Depending on the offense and any subsequent convictions, it remains on your driving record for a certain number of years.

Can I Drive With a Restricted License After a DUI Charge in New Jersey?

Depending on the circumstances of your case, you may be eligible for a restricted license during your license suspension period. This allows you to drive to work, school, or other essential activities. This is often contingent on installing an IID in your vehicle.

Do I Need a Lawyer for a DUI/DWI Case in New Jersey?

You are not required to have legal representation for DUI charges; however, representing yourself can have dire consequences, considering the severe penalties imposed for DUI convictions. You have a lot at stake, and working with an experienced Jackson DUI lawyer offers you the best chance to defend yourself against the charges.

Our Skilled Jackson DUI Lawyers at Kitrick, McWeeney & Wells, LLC Represent Clients Charged With DUI/DWI

New Jersey has strict charges and penalties for DUI. If you have been charged with a DUI, you need the skills and experience of our Jackson DUI lawyers at Kitrick, McWeeney & Wells, LLC. Call us today at 732-920-8383 or contact us online to schedule a free consultation. Located in Manasquan and Brick, New Jersey, we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.