Brick DUI Lawyers
Brick DUI Lawyers
Driving under the influence (DUI) charges in Brick, New Jersey, can have serious consequences that extend far beyond the immediate legal penalties. A DUI conviction can impact various aspects of your life, including your employment prospects, personal relationships, and financial stability.
Law enforcement and the courts take DUI offenses very seriously in New Jersey, and the penalties can be severe, even for first-time offenders. Given the potential long-term ramifications of a DUI charge, it is important to understand your rights and the legal process involved.
What Constitutes a DUI in Brick, New Jersey?
In Brick, New Jersey, a person can be charged with DUI if they operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. However, it is important to note that a driver can still be charged with DUI even if their BAC is below this legal limit if they show signs of impairment. Additionally, for commercial drivers, the BAC limit is lower at 0.04 percent; drivers under 21 have a zero-tolerance policy with a BAC limit of 0.01 percent.
DUI charges are not limited to alcohol consumption. Driving under the influence of illegal drugs, prescription medications, or even over-the-counter drugs that impair one’s ability to drive safely can also result in a DUI charge. The key factor is whether the substance has affected the driver’s ability to operate a vehicle safely.
What Are the Penalties for a DUI Conviction in Brick?
That varies, depending on the driver’s BAC level and whether it is a first or subsequent offense. For a first offense with a BAC of 0.08 percent to 0.10 percent, penalties may include:
- Fines ranging from $250 to $400.
- Imprisonment for up to 30 days.
- License suspension for three months.
- Mandatory attendance at an Intoxicated Driver Resource Center (IDRC).
- Installation of an ignition interlock device for three months after license restoration.
For subsequent offenses or higher BAC levels, the penalties become more severe, potentially including higher fines, longer license suspensions, and mandatory jail time. These are just the legal penalties; a DUI conviction can also lead to a host of other serious consequences.
How Does the DUI Arrest Process Work in Brick?
The DUI arrest process in Brick typically begins with a traffic stop. If a police officer suspects a driver is under the influence, they may ask the driver to perform field sobriety tests, like walking in a straight line or standing on one leg. The officer may also request a breathalyzer test to measure the driver’s BAC.
If arrested, the driver will be taken to the police station for processing. At that point, the driver may be asked to submit to a more accurate breath test or a blood test. Refusing to take a breath test can result in additional penalties.
After processing, the driver will typically be released to a sober adult or held until they are sober enough to leave on their own. They will also be given a court date for their initial appearance.
What Are My Rights During a DUI Stop and Arrest?
During a DUI stop and arrest, you have several important rights:
- The right to remain silent.
- The right to refuse field sobriety tests.
- The right to refuse to answer incriminating questions.
- The right to request an attorney.
Be aware that refusing a breath test can result in separate penalties due to New Jersey’s implied consent law. Being polite and cooperative with law enforcement while exercising your rights is generally advisable.
Can I Challenge the Results of a Breathalyzer or Field Sobriety Test?
Yes, it is possible to challenge those test results. These challenges can form an important part of your defense strategy. Some potential grounds for challenging these tests include:
- Improper administration of the test.
- Lack of proper maintenance or calibration of the breathalyzer device.
- Medical conditions that could affect test results.
- Environmental factors that could influence field sobriety test performance.
An experienced Brick DUI lawyer can review the circumstances of your arrest and the administration of these tests to identify potential grounds for challenging the results.
What Defense Strategies Are Available for DUI Charges?
Several defense strategies may be employed in DUI cases, depending on the circumstances:
- Challenging the legality of the traffic stop.
- Questioning the accuracy of field sobriety tests or breathalyzer results.
- Arguing that observed impairment was due to a medical condition rather than intoxication.
- Demonstrating procedural errors in the arrest or testing process.
- Presenting evidence of necessity or duress that led to driving under the influence.
An experienced Brick DUI attorney can help determine the best approach based on the evidence and circumstances.
How Can a DUI Conviction Affect My Life Beyond Legal Penalties?
A DUI conviction can have far-reaching consequences beyond the immediate legal penalties. You might have difficulty finding or maintaining employment, especially in jobs that require driving. Individuals with a DUI conviction may also face increased auto insurance premiums and challenges in renting housing. There is also the potential for a tarnished professional reputation and damaged family relationships.
Can a DUI Be Expunged From My Record?
In New Jersey, DUI/DWI convictions cannot be expunged from your record. Unlike other types of criminal convictions, DUI offenses in New Jersey are considered traffic violations rather than criminal offenses. This distinction means they are not eligible for expungement under New Jersey law.
The Skilled Brick DUI Lawyers at Kitrick, McWeeney & Wells, LLC Are Your Advocates in Challenging Times
If you are facing DUI charges, Kitrick, McWeeney & Wells, LLC is here to help. Call 732-655-3168 or contact us online for a free consultation with a Brick DUI lawyer. Located in Manasquan and Brick, New Jersey, we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.
Brick, NJ
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Tuesday: 8AM – 5:30PM
Wednesday: 8AM – 5:30PM
Thursday: 8AM – 5:30PM
Friday: 8AM – 5:30PM
Saturday: 8:30AM – 12:30PM
Sunday: CLOSED
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