Belmar DUI Lawyers

New Jersey enforces some of the nation’s strictest driving under the influence (DUI) laws, even for first-time offenders. The consequences of a DUI arrest can be severe and far-reaching, but several potential defenses are available. Facing a DUI charge without legal representation is risky and could lead to serious repercussions that impact various aspects of your life, such as your driving privileges and employment. At Kitrick, McWeeney & Wells, LLC, our experienced Belmar DUI lawyers recognize the high stakes involved and offer comprehensive and aggressive legal defense for clients facing DUI charges.

What Are New Jersey’s Drunk Driving Offenses?

In New Jersey, it is illegal to operate a motor vehicle while under the influence of alcohol or drugs or with a blood alcohol concentration (BAC) of 0.08 percent or higher. This means you can be charged with a DUI either for driving under the influence regardless of your BAC or for having a BAC of 0.08 percent or higher, even if your driving is not visibly impaired. Additionally, you may face other charges, such as:

• DUI with injury or death by auto.
• Possession of an open container.
• Refusing to consent to a breath test.
• Underage drunk driving.
• DUI with a minor-aged passenger.

Driving under the influence in New Jersey is classified as a traffic offense, so those charged with DUI are not entitled to a jury trial. A municipal court judge will determine the outcome and penalties based on the specifics of your case.

Furthermore, state laws prohibit prosecutors from offering plea bargains, downgrading, or commuting DUI charges. Therefore, it is crucial to have legal representation if you are charged with DUI. You need a knowledgeable and experienced Belmar DUI lawyer who can achieve the best possible outcome for your case.

What Are the Penalties for Drunk Driving in New Jersey?

Penalties for DUI vary depending on the offender’s DUI history and any aggravating factors present during the arrest. For first-time DUI offenses, possible penalties include:

• Fines ranging from $200 to $400
• Insurance surcharges
• Indefinite loss of license
• Installation of an ignition interlock device for three months
• Up to 48 hours at an Intoxicated Driver Resource Center
• Up to 30 days in jail

What Is Implied Consent?

New Jersey operates under “implied consent” laws. If you are stopped on suspicion of DUI, you are legally required to take the Alcotest breath test, commonly known as a “breathalyzer” test. If you comply, your BAC level can be used against you in court.

Refusing the test results in a separate charge for violating the implied consent law, on top of any DUI charges. You can be penalized for this violation even if you are not convicted of the DUI, and the penalties are severe, even for first-time offenders.

How Are DUI Offenses Proven in New Jersey?

In DUI cases, you and your lawyer are not obligated to establish your innocence. The burden lies with the prosecution to prove your guilt beyond a reasonable doubt, while your goal is to prevent them from doing so.

According to New Jersey law, the prosecution must establish your guilt by showing that you were driving a vehicle under the influence of alcohol or drugs or with a BAC of 0.08 percent or higher. It’s important to note that they only need to prove one of these factors, not both.

Can I Refuse a Breathalyzer Test in New Jersey?

In New Jersey, implied consent laws dictate that by driving on its roads, you have already agreed to take a breathalyzer test if an officer suspects you of DUI. Declining the test can lead to penalties like a license suspension and other consequences.

What Is an Ignition Interlock Device?

An ignition interlock device (IID) installed in your vehicle necessitates a breath test to gauge your BAC before you can start the car. In New Jersey, IIDs are frequently mandated for specific DUI offenses, with the duration of installation contingent on the offense and any prior convictions.

Can I Get a DUI Expunged From My Record in New Jersey?

A DUI conviction cannot be expunged from your record in New Jersey. It stays on your driving record for a specific period, determined by the offense and any subsequent convictions.

Can I Drive With a Restricted License After a DUI Charge in New Jersey?

Based on your case specifics, you might qualify for a limited license during your suspension. This permits driving to work, school, or essential tasks, often requiring an IID installation in your vehicle.

Do I Need a Lawyer for a DUI/DWI Charge in New Jersey?

While legal representation is not mandatory for DUI charges, choosing to represent yourself can lead to significant repercussions, given the harsh penalties associated with DUI convictions. With much on the line, collaborating with a seasoned Belmar DUI lawyer provides the optimal opportunity to mount a strong defense against the charges.

Why Choose Kitrick, McWeeney & Wells, LLC

Choose Kitrick, McWeeney & Wells, LLC for your legal needs because of our unwavering commitment to excellence and client satisfaction. With years of experience and a track record of success, our team of dedicated attorneys specializes in providing top-notch legal representation in various practice areas, including DUI defense. We prioritize clear communication, personalized attention, and aggressive advocacy to ensure the best possible outcome for our clients. Whether you’re facing a DUI charge or seeking legal assistance in other matters, trust Kitrick, McWeeney & Wells, LLC to protect your rights and achieve the results you deserve.

Our Belmar DUI Lawyers at Kitrick, McWeeney & Wells, LLC Will Represent You

New Jersey enforces stringent charges and penalties for DUI offenses. If you are facing a DUI charge, you require the experience of our Belmar DUI lawyers at Kitrick, McWeeney & Wells, LLC. Contact us today at 732-920-8383 or connect with us online to arrange a free consultation. Located in Manasquan and Brick, New Jersey, we cater to clients across Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.