Protecting the Rights of Individuals Accused of Drunk Driving in New Jersey N.J.S.A 39:4-50 prohibits people who are intoxicated by drugs or alcohol from driving a motor vehicle and imposes significant penalties upon people who are convicted of violating the law. This offense, commonly referred to as “DUI” or “DWI,” while not a criminal offense, nonetheless is a serious matter that could affect a person’s life for years. Fortunately for drivers who have been accused of drunk driving, there often several ways an experienced attorney can help. Call us today for more information 201-450-1505.
There a number of penalties that could be imposed for a drunk driving offense, the severity of which depend upon the driver’s blood alcohol content (BAC) and the number of previous DUI offenses that the driver has. Generally speaking, these penalties include the loss of your driver’s license, significant fines, community service, and even jail time. Some of the specific penalties associated with certain offenses are detailed below:
When a driver receives his or her driver’s license in New Jersey, he or she gives “implied consent” to the chemical testing of his or her blood, breath, or urine. For this reason, people who are arrested for DUI are required by law to submit to a breathalyzer test. New Jersey actually has a separate statute that penalizes individuals who refuse a breathalyzer test that imposes the same penalties as a DUI conviction. Fortunately, an attorney can often help mitigate the consequences associated with a refusal case.
It is important to remember that the state is required to prove all elements of a crime beyond a reasonable doubt in order to secure a conviction. In practice, the element of a DUI offense that is most often challenged by the defendant is whether or not he or she was intoxicated at the time of the traffic stop, and in many cases, this defense operates by attempting to exclude any evidence indicating intoxication from the legal proceeding against the defendant. Some of the more common ways in which evidence of intoxication can be excluded or called into question include the following: