Asbury Park DUI Lawyers

A driving under the influence (DUI) charge can have significant consequences in New Jersey. DUI offenses are taken seriously in New Jersey, with penalties ranging from fines to potential jail time. In Asbury Park, as with the rest of the state, law enforcement authorities have strict protocols for handling DUI cases. If you have been charged with a DUI, you are likely wondering about your rights, the legal process, and how to proceed.

In these circumstances, a knowledgeable attorney can explain your legal options and help you make informed decisions about your case. The Asbury Park DUI lawyers at Kitrick, McWeeney & Wells, LLC understand that DUI charges are not always straightforward, and several factors may affect the outcome of your case. Let’s start by explaining the potential penalties for a DUI conviction in NJ.

What Are The Penalties For A DUI Conviction In New Jersey?

New Jersey has a set of penalties for DUI offenses that increase in severity with each subsequent offense.

• For the first offense, the penalties may include a fine, a mandatory driving suspension, and mandatory participation in an alcohol education program.
• In cases involving a second or third offense, the penalties are more severe. For example, a second DUI conviction may result in a longer license suspension, mandatory community service, and installing an ignition interlock device in the vehicle.
• Third offenses may lead to even harsher penalties, including a longer license suspension, larger fines, and possible jail time.

The blood alcohol concentration (BAC) of the driver at the time of arrest plays a role in determining the penalties. A BAC over 0.08 percent is considered above the legal limit in New Jersey, but a BAC of 0.10 percent or higher may result in more severe consequences.

How Can an Asbury Park DUI Lawyer Help Me?

When facing a DUI charge, it is important to have legal representation that understands the laws surrounding impaired driving. Our Asbury Park DUI lawyers can:

• Review the circumstances of your case, including the details of your arrest and any evidence collected by law enforcement.
• Investigate whether there were any violations of your rights during the stop or arrest. For example, if the police officer did not have reasonable suspicion or probable cause to pull you over, the case could be challenged.
• Evaluate the reliability of the field sobriety and chemical tests administered. In some instances, errors in how the tests were performed may lead to inaccurate results, which could work in your favor.

For those who have previously been convicted of DUI offenses, we may be able to assist in reducing the penalties or seeking alternative sentencing options.

What Is the Difference Between DUI And DWI In New Jersey?

In New Jersey, DUI (driving under the influence) and DWI (driving while intoxicated) are terms that are often used interchangeably but have distinct legal meanings. DUI refers to driving under the influence of alcohol or drugs, while DWI refers specifically to driving while impaired by alcohol. While the terms are related, the key difference lies in the impairment factor. DUI encompasses impairment by both drugs and alcohol, whereas DWI is strictly focused on alcohol.

Can I Refuse a Breathalyzer Test In New Jersey?

New Jersey operates under an implied consent law, which means that by driving a vehicle in the state, you are giving consent to submit to chemical testing if law enforcement officers have probable cause to suspect you are under the influence of alcohol or drugs. This includes breath, blood, or urine tests. If you refuse to take a breathalyzer test when asked by an officer, there will be automatic penalties imposed, regardless of whether you are found to be intoxicated or not.

For a first refusal, the penalty may include a suspension of your driver’s license and a fine. Subsequent refusals carry even stricter consequences.

Can a DUI Charge Be Expunged In New Jersey?

In New Jersey, DUI convictions generally cannot be expunged (removed from public view) from your criminal record. Unlike some other criminal offenses, DUI charges and convictions are not eligible for that under state law. If you complete your sentence and comply with all court orders, the DUI conviction will remain on your record. This can have long-term consequences, especially regarding employment and travel.

However, there may be ways to minimize the impact of a DUI conviction. For example, you may be able to reduce the penalties associated with your conviction or seek alternative sentencing. Working with an Asbury Park DUI lawyer may help you understand how to manage the consequences of a DUI conviction and whether any options exist for reducing the long-term impact.

What Should I Do if I Have Been Arrested for a DUI?

If you are arrested for a DUI in New Jersey, acting quickly and making informed decisions about your case is important. First, you should comply with the police officer’s instructions and avoid making any statements that could be used against you later. After the arrest, seeking legal advice as soon as possible is in your best interest.

Our skilled Asbury Park DUI lawyers can begin working on your case immediately. We may review the police reports, test results, and other evidence to identify flaws or weaknesses in the prosecution’s case. Additionally, our team can help you understand your rights and options for moving forward, including whether it is in your best interest to plead guilty or fight the charges in court.

Get Legal Guidance from the Experienced Asbury Park DUI Lawyers at Kitrick, McWeeney & Wells, LLC

If you are facing a DUI charge, know that you do not have to face them alone; do not hesitate to contact our experienced Asbury Park DUI lawyers at Kitrick, McWeeney & Wells, LLC. Call 732-920-8383 or complete our online form for 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.