DUI Lawyers
Point Pleasant DUI Lawyers
Driving under the influence is a serious offense that can result in heavy penalties, including fines, license suspension, and possible incarceration. Those accused of this charge often face significant legal and personal consequences that may affect their employment, reputation, and future opportunities. Legal representation from Point Pleasant DUI lawyers can be an important factor in the outcome of a DUI/DWI case.
The Point Pleasant DUI lawyers at Kitrick, McWeeney & Wells, LLC provide legal guidance and representation for individuals accused of driving under the influence. Everyone deserves fair legal representation to ensure their rights are protected and that they receive fair treatment. Our experienced lawyers help clients understand the legal process and work toward the best possible outcomes.
What Are the Penalties for a DUI in New Jersey?
A driver with a blood alcohol concentration of 0.08 percent or higher is considered legally impaired. However, law enforcement officers can charge a driver with DUI even if their blood alcohol level is below the legal limit if they exhibit signs of impairment. Penalties may also be more severe if the driver is underage or if an accident results from impaired driving.
New Jersey has strict laws regarding driving under the influence, and the penalties increase based on the number of offenses.
First Offense
- Up to 30 days in jail
- $250 to $400 fine (increases to $300 to $500 when blood alcohol content is over 10 percent or if the driver is under the influence of drugs)
- Three-month license revocation
Second Offense
- 48 hours to 90 days in jail
- $500 to $1,000 fine
- 30 days of community service
- One to two-year license revocation
Third Offense
- 180 days in jail
- $1,000 fine
- Up to 90 days of community service
- Eight-year license revocation
Additional consequences may include points on the driver’s license, insurance charges, and other fees like court costs.
What Are NJ’s Underage Drinking and Driving Laws?
The Garden State has a zero-tolerance policy for drivers under the age of 21. If caught driving with a .01 percent BAC or more, underage drivers lose their licenses for 30 to 90 days. They must also complete the IDRC (Intoxicated Driver Resource Center) program and finish 15 to 30 days of community service. Additional penalties may include fines, points, additional IDRC class time, and revoked driving privileges.
What Happens During a DUI Traffic Stop?
During a traffic stop, law enforcement officers look for signs of impairment, including erratic driving, slurred speech, and the odor of alcohol. If an officer suspects that a driver is impaired, they may request field sobriety tests or a breathalyzer test. Refusing a breathalyzer test can result in additional penalties, including automatic license suspension.
Officers must follow legal procedures when conducting a DUI stop. If a driver believes that their rights were violated during the stop, they may have grounds to challenge the charges. Our Point Pleasant DUI lawyers can assess whether the stop was conducted lawfully and determine if any procedural errors occurred.
Can a DUI Charge Be Challenged?
There are several ways to challenge a DUI charge. One approach involves questioning the accuracy of field sobriety tests or breathalyzer results. Certain medical conditions, medications, or improper testing procedures can lead to false readings. Additionally, if law enforcement did not have probable cause to initiate the stop, the charges may be contested.
In some cases, procedural errors during an arrest can impact the validity of the charges. If evidence was obtained improperly or if the driver was not informed of their rights, these factors may be used as part of a defense strategy. Each case is unique, and our Point Pleasant DUI lawyers strategize available defense options depending on the specific circumstances surrounding the arrest.
How Long Does a DUI Conviction Stay on a Record?
In New Jersey, a DUI conviction remains on a driver’s record permanently. Unlike other states that allow DUI offenses to be expunged after a certain period, New Jersey does not provide this option. However, after ten years without additional offenses, a prior DUI conviction may not count toward enhanced penalties for future violations.
Besides the financial impact and possibility of spending time in jail, a DUI conviction can impact your reputation, employment opportunities, and professional licenses. Effective legal representation may help in minimizing the impact of a conviction.
What Happens if Someone Refuses a Breathalyzer Test?
New Jersey has an implied consent law, meaning that drivers who operate a vehicle on public roads automatically consent to breathalyzer testing if law enforcement suspects impairment. Refusing a breathalyzer test can result in an automatic license suspension and additional fines. The length of the suspension increases with subsequent refusals. Our Point Pleasant DUI lawyers can explain your legal options if you refused to take a breathalyzer test.
How Does a DUI Conviction Affect Auto Insurance and Driver’s Licenses?
A DUI conviction typically results in significantly higher auto insurance premiums. Insurance companies consider drivers with DUI convictions to be high-risk, leading to increased rates for several years. Some insurers may choose not to renew policies, requiring the driver to obtain coverage from high-risk providers.
Courts generally issue restricted driver’s licenses for DUI incidents involving alcohol. The offender can still drive during the suspension period, as long as they adhere to certain conditions. For a first conviction, the first restriction is using an installed ignition interlock device (IID) for three to 15 months. For second and subsequent convictions, the driver must maintain IID use for two to four years.
New Jersey also requires drivers with DUI convictions to obtain an SR-22 certificate, which serves as proof of financial responsibility. This requirement can make it more challenging to secure affordable coverage. The length of time that a driver must carry an SR-22 depends on the specific circumstances of their case.
Let the Point Pleasant DUI Lawyers at Kitrick, McWeeney & Wells, LLC Fight to Protect Your Rights
DUI charges can lead to serious legal and personal consequences, but you are still entitled to certain rights under the law. If you are facing DUI charges, contact the Point Pleasant DUI lawyers at Kitrick, McWeeney & Wells, LLC for a free consultation. Call 732-655-3168 or submit our online form today. Located in Manasquan and Brick, New Jersey, we serve clients throughout the state.
Manasquan, NJ
Hours of Operation
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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