Facing DUI Charges in New Jersey?
New Jersey DUI Defense Attorneys May Be Able to Help Reduce or Drop DUI Charges
After a DUI arrest or citation, you need a criminal defense attorney as soon as possible. Do not speak to the police or give a statement until you have contacted an experienced criminal lawyer. The penalties for a DUI conviction can be severe. Therefore, having a DUI attorney at your side greatly improves your chances of beating the charges or negotiating lesser penalties.
Certain New Jersey criminal defense lawyers at Spevack Law Firm have also worked as prosecutors. This means they have an understanding of both the prosecution strategies and defense strategies. For example, Attorney Robert Heck previously worked as Assistant DA in Manhattan. Additionally, attorney Louis A. Mangione currently is a Pool Attorney for the Public Defender’s Office in Middlesex, Somerset and Hunterdon counties. He and the other criminal defense lawyers at our firm have a great deal of experience negotiating beneficial settlements as well as taking cases to trial for DUI charges. Do not let DUI charges ruin the rest of your life. Call an experienced DUI attorney at Spevack Law Firm to set up a free consultation today.
What are the Penalties for DUI Conviction in New Jersey?
In New Jersey, a DUI charge can haunt you for years. Depending on the specific circumstances of your DUI, you could lose your license, face fines, have an ignition interlock device installed on your car or have to serve time behind bars as the result of a criminal conviction. Circumstances that can decide the severity of a DUI conviction in New Jersey include:
- First Degree DUI Conviction. After a first conviction for DUI, if you had a blood alcohol level (BAC) of greater than 0.08 percent but less than 0.10 percent, you could face the following consequences: a prison term of up to 30 days, lose your license for three months, have to pay thousands in fines and fees, owe a surcharge of $1,000 a year for three years and have to participate in an Intoxicated Driver Program at the Intoxicated Driver Resource Center for 12 to 48 hours. If it was your first DUI conviction and you had a BAC of 0.10 percent or greater, you face the same punishments listed above, plus additional ones. These additional ones may include facing the loss of your license for seven months to a year. Finally, if your BAC was 0.15 percent or greater, you will likely have an ignition interlock device installed on your car. This is while your license is suspended and for up to a year after your license is reinstated.
- Second Degree DUI Conviction. If you receive a second DUI conviction within 10 years of your first one, in addition to facing many of the same punishments as someone convicted of first degree DUI, you could lose your license for two years, spend up to 90 days in jail, have to perform 30 days of community service and have an interlock device installed on your car for up to 3 years after your license is reinstated.
- Third Degree DUI Conviction. After three DUI convictions within 10 years of your second DUI conviction, in addition to facing many of the same punishments as someone convicted of second degree DUI, you could lose your license for 10 years, spend 180 days in jail, have to perform 90 days of community service and have to pay a surcharge of $1,500 a year for three years.
What are Defenses for New Jersey DUI Charges?
New Jersey DUI laws are strict and complex. However, the New Jersey DUI defense attorneys at Spevack Law Firm know how to help clients facing DUI charges. Ideally, we want to have your DUI charges reduced or even dropped. The defenses for New Jersey DUI charges may include some combination of the following:
- Blood Alcohol Test Mistakes. There are several BAC test defenses that we can use. Even something as small as using an alcohol swab instead of an iodine swab can taint BAC test results. Defendants can have their own sample of blood for independent testing.
- Blood Warrant Discrepancies. If a law enforcement officer suspected you of DUI and performed a blood alcohol test on you without your consent and without a warrant, it may be thrown out. In some cases, law enforcement needs a warrant to draw blood in New Jersey.
- Alcotest Breath Test Errors. The Alcotest breath test is another way to determine if a person was drinking and driving. There are several steps to complete for an Alcotest to be valid as evidence in a court of law. The device must have been properly maintained prior to the test. This includes up to date repair and calibration records, which must be given to the defense if it requests them. During the Alcotest, the mouthpiece must be changed in between each breath. Also, all radio devices, including cell phones and walkie-talkies, must be kept a certain distance from the Alcotest device during the test. In addition, the suspect cannot have regurgitated or burped for, at least, 20 minutes prior to taking the Alcotest. For the test to be valid, the suspect must give two successful breath readings. If the defense can prove that the Alcotest device was not maintained properly or the test was not completed correctly, then there is a chance the Alcotest results could be thrown out.
Free Consultation with an Experienced DUI Defense Attorney in New Jersey
If you are facing a DUI charge in New Jersey, we can review your case. We can then explain your best options and strategies. You can schedule a free consultation with the New Jersey criminal defense lawyers at Spevack Law Firm. Call us or fill out the case review form on this page.