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DUI Defense
DUI Defense in East Rutherford, North Arlington, Lyndhurst & Bergen County, NJ
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.
Penalties for DUI in New Jersey
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:
- 1st offense with a BAC of between .08 and .10 - Loss of your driver's license for three months, a fine of between $250 and $400 as well as other fees and surcharges, a minimum of 12 hours of community service, and up to 30 days in jail.
- 1st offense with a BAC of .10 or higher -Loss of your driver's license for at least seven months up to one year, fines of between $500 and $1,000 as well as other fees and surcharges, a minimum of 12 hours of community service, and up to 30 days in jail
- 2nd Offense - Loss of your driver's license for two years, a fine of between $500 and $1,000 as well as other fees and surcharges, a minimum of 30 days of community service, and at least 48 hours in jail up to 90 days.
- 3rd Offense - Loss of your driver's license for at 10 years, a $1,000 fine as well as other fees and surcharges, 90 days maximum community service, and a mandatory sentence of 180 days in jail.
As if these penalties were not severe enough, people who are convicted of drunk driving are also required to go through the Intoxicated Driver Resource Center program and may have to install an ignition interlock device on their vehicle. Due to these significant penalties, anyone accused of drunk driving should contact an attorney as soon as possible.
Penalties for Refusal of a Breath Test
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.
Potential Defenses to DUI and Refusal Charges
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:
- Introducing evidence that any breathalyzer device used was not properly calibrated
- Arguing that there was no justification for the initial traffic stop
- Impeaching the credibility of the arresting officer
- Establishing that the arresting officer lacked sufficient training to conduct field sobriety or breathalyzer testing
Contact Cozzi & Cozzi Counsellors at Law Today to Retain a Qualified New Jersey Defense Attorney- 24/7 Help is Available 201-450-1505
Allegations of drunk driving are an extremely serious matter in the state of New Jersey, and a conviction could have many negative consequences for years to come. For this reason, if you have been arrested for drunk driving, you should call an attorney as soon as possible. The New Jersey DUI defense attorneys of Cozzi & Cozzi Counsellors at Law have been defending the legal rights of people who have been accused of crimes and have the legal acumen and experience required to bring your case to the best resolution possible. For a free consultation with one of our experienced defense lawyers, call our office today at 201-939-3381 or 201-450-1505 outside of regular business hours.
FOR MORE DETAILS ABOUT DUI CHARGES IN NJ, CONTACT US TODAY!
