New Jersey DUI Lawyers

When a motorist makes the irresponsible decision to get behind the wheel after consuming too much alcohol, this significantly increases the risk of a serious car accident. Depending on the severity of the accident, a drunk driving accident can result in severe injuries and fatalities. It is often the motorist who was hit by the drunk driver who suffers the most devastating injuries. If you were seriously injured in a drunk driving accident, the medical expenses, lost wages, and other costs associated with the accident will start to accumulate very quickly. A New Jersey DUI lawyer will work tirelessly to protect your legal rights, assist you with every step of the claims process, and pursue the maximum financial compensation you deserve.

Do I Need a New Jersey DUI Lawyer?

Although determining fault in a drunk driving accident is generally a cut-and-dried process, there are a number of benefits to hiring an experienced DUI lawyer, including the following:

Investigate what happened. A DUI lawyer will collect evidence, including the police report, DUI arrest records, Blood-alcohol test results, witness statements, photographs, surveillance video, and medical records. New Jersey recognizes people injured in car accidents involving an intoxicated driver as victims.
Communicate with the insurance company. In an effort to resolve a claim quickly and avoid paying a large settlement, insurance companies often present settlement offers before you know the severity of your injury, or how long it will take to fully recover. A dedicated DUI lawyer will communicate with the insurance company on your behalf and determine whether the offer presented accounts for your total losses adequately.
Calculate the value of your claim. Depending on the severity of the accident, your claim may involve the following losses:
– Emergency and hospital treatment
– Follow-up medical care
– Rehabilitation or physical therapy
– Lost wages
– Reduced ability to earn money
– Pain and suffering
– Permanent injuries or disabilities
– Vehicle damage
– Other accident-related expenses
Protect you if the insurance tries to blame you. New Jersey follows comparative negligence rules, which state that an injured person’s damages can be reduced based on their percentage of fault. A DUI lawyer will collect the evidence necessary to challenge an unfair attempt to place any of the blame onto you.
Determine whether you are entitled to punitive damages. Punitive damages are intended to punish particularly egregious behavior and discourage this type of behavior. New Jersey allows punitive damages if the required legal standard is met.
Negotiate the best possible settlement outcome. Most personal injury claims are settled out of court. However, if the insurance company refuses to offer a fair settlement, a DUI lawyer will prepare the case, handle negotiations, meet court deadlines, and present evidence that supports your claim.

DUI Laws in New Jersey

Unlike other states, a standard DUI is treated as a serious traffic offense as opposed to a criminal felony or misdemeanor. Although this means that a drunk driver will not face a state prison sentence or end up with a criminal record, the consequences can still be devastating to your career, reputation, and finances. The following are examples of DUI New Jersey DUI laws:

N.J.S.A. 39:4-50. Driving while intoxicated. According to the statute, it is illegal to operate a vehicle:
– With a blood alcohol concentration (BAC) of 0.08 percent or higher
– While impaired by alcohol, even if the BAC is below 0.08 percent
– While under the influence of certain drugs, including intoxicating or habit-producing substances
Implied consent and refusal. Refusing a breath test carries separate mandatory penalties similar to a DWI, including mandatory ignition interlock requirements, administrative fines, and additional surcharges.
Intoxicated driver resource center (IDRC). All convictions require 12 to 48 hours of alcohol education, screening, and potential treatment assignment.
Open container law. If there are unsealed alcohol containers in the passenger compartment, this can result in a $200 fine for a first offense.
DWI with minors. Driving while under the influence with a minor in the vehicle is classified as a disorderly persons offense and can lead to child endangerment charges.

Who Can Be Held Liable? (Drivers, Bars, and Social Hosts)

Depending on the circumstances, there are a number of parties that may be held liable for a drunk driving accident, including the following:

The intoxicated driver. In most cases, the drunk driver is the primary person who is responsible for causing a DUI accident. The accident could have been avoided if the intoxicated person did not get behind the wheel.
A car, restaurant, or other alcohol-serving business. According to New Jersey’s Dram Shop Act, licensed alcohol servers can be held liable if they negligently served alcohol to:
– A visibly intoxicated person
– An underage person when the server knew, or should have known that the person was underage
A social host. A private person can be found liable if they knowingly provided alcohol to a guest who was visibly intoxicated, that doing so created a foreseeable risk of harm, and that the intoxicated guest caused a drunk driving car accident.

How Criminal DUI Charges Affect Your Civil Injury Claim

If you were injured in a drunk driving accident, you will seek compensation for your losses by filing a civil lawsuit. A criminal case is brought by the state. However, the DUI charge can help your civil case in the following ways:

Provides evidence that the driver was intoxicated, including police reports, breath or blood testing, field-sobriety results, and witness statements
Strengthens your argument that the drunk driver caused the crash by providing evidence that the driver was impaired, including speeding, crossing lanes, or failing to stop
May support your claim for punitive damages if there is evidence of a willful and wanton disregard for the safety of others

Why Choose Kitrick & Wells for Your DWI Defense Case?

The New Jersey DUI lawyers at Kitrick & Wells, LLC, understand how traumatic and devastating a DUI accident can be, particularly if you suffered serious injuries. Our highly skilled and dedicated legal team will do the following for your case:

Investigate the accident and collect evidence necessary to prove your claim
Estimate the total damages
Determine which insurance coverage is available to pay for your damages
File a claim on your behalf and negotiate with the insurance company
Pursue the maximum financial compensation you deserve

How Much Do Our New Jersey DUI Attorneys Charge?

For personal injury cases, including DUI accidents, the New Jersey DUI lawyers at Kitrick & Wells, LLC, offer free consultations and work on a contingency fee basis. This means that you pay nothing up front, and only pay a fee if we secure a financial settlement. The fee is a percentage of the final settlement.

The Two-Year Deadline to File Your Claim

If you intend to file a personal injury claim related to a drunk driving accident, you must file your claim within two years from the date of the accident. If your claim is filed after the statute of limitations has expired, your claim will likely be denied, and you will be unable to recover any damages. An experienced DUI lawyer will ensure that your claim is filed well before the statute of limitations expires.

Frequently Asked Questions

Can evidence from a DUI checkpoint be used to support my claim?

If you were injured in a drunk driving accident in New Jersey, the evidence gathered at a DUI checkpoint can be used to support your civil injury claim against the drunk driver. DUI checkpoints may generate valuable evidence, including police observations, field sobriety test results, breath or blood alcohol results, and the police report.

What are the penalties for first-time offenders?

For first offenses with a BAC of between 0.08 percent and less than 0.10 percent, penalties include the following:

Fine of $250-$400
Up to 30 days in jail
Required participation in IDRC program
Insurance surcharge of $1,000 per year for three years
License consequences and ignition-interlock requirements

What are the penalties for repeat offenses?

With every repeat offense, the penalties become more severe. For example, a second offense can involve a $500-$1,000 fine, 48 hours to 90 days in jail, license suspension, community service, IDRC requirements, and an ignition interlock device. A third offense can result in a $1,000 fine, 180 days in jail, and a lengthy license suspension.