Toms River DUI Lawyers
Driving under the influence (DUI) charges in New Jersey can lead to significant legal and personal consequences. For individuals facing such charges, the legal process may feel overwhelming and uncertain.
A DUI conviction can affect multiple areas of a person’s life, including employment opportunities, insurance rates, and personal reputation. Understanding the charges and possible defenses is a critical first step. The Toms River DUI lawyers at Kitrick, McWeeney & Wells, LLC advocate for client rights and explain their responsibilities under the law. With our legal guidance, defendants can address these charges and work toward a resolution that minimizes potential repercussions.
What Are the Penalties for a DUI in New Jersey?
New Jersey imposes strict penalties for DUI offenses, which vary based on factors such as blood alcohol concentration (BAC), prior offenses, and whether the DUI resulted in property damage or injuries. For a first offense with a BAC between 0.08 and 0.10 percent, the penalties include:
- A fine ranging from $250 to $400.
- Up to 30 days imprisonment.
- Added fees and surcharges.
- An ignition interlock device for three months.
A higher BAC increases the fine and provides a longer ignition interlock device period. Second offenses have harsher penalties, not limited to:
- Fines up to $1,000.
- Up to a two-year license suspension.
- Up to 90 days of imprisonment.
- An ignition interlock device for up to four years.
As expected third offenses have very harsh penalty Thes, including an eight-year license forfeiture and six months in jail. Auto insurance rates will either increase substantially or the policy could be terminated.
Can I Refuse a Breath Test in New Jersey?
New Jersey has an implied consent law, which means that drivers are required to submit to chemical testing, such as a breath test, if law enforcement suspects them of driving under the influence. Refusing a breath test can lead to separate penalties, even if the DUI charge itself does not result in a conviction.
While refusing a breath test does not eliminate the possibility of a DUI conviction, it does add another layer of penalties to the case. The penalties for refusing a breath test include a temporary license suspension. Additional penalties may include fines, surcharges, and an ignition interlock device for 9 to 15 months. Law enforcement can also obtain a warrant to conduct a blood test if a breath test is refused.
What Are the Common Defenses Against DUI Charges?
Our skilled Toms River DUI Lawyers employ several legal defenses to challenge DUI charges. One common approach is questioning the accuracy or reliability of the breathalyzer or blood test used to determine BAC. Faulty calibration, improper administration, or equipment malfunction can all cast doubt on the validity of the results.
Another potential defense involves disputing the legality of the traffic stop. Law enforcement must have a valid reason, such as observing erratic driving, to initiate a traffic stop. If the stop was conducted without reasonable suspicion, any evidence obtained may be inadmissible in court.
Challenging the chain of custody for blood or urine samples is another strategy. Proper handling and documentation are essential to maintaining the integrity of evidence. If lapses occur, it may weaken the prosecution’s case.
How Does a DUI Affect Driving Privileges?
A DUI conviction has a direct impact on your driving privileges in New Jersey. Even for a first offense, the law mandates a suspension of driving privileges for a minimum of three months. Subsequent offenses lead to longer suspension periods, ranging from two years to a decade, depending on the severity and frequency of violations.
In addition to license suspension, drivers may be required to install an ignition interlock device on their vehicles. This device prevents the car from starting unless the driver provides a breath sample free of alcohol. The duration of this requirement varies but often extends beyond the period of license suspension.
For individuals who rely on their ability to drive for work or personal responsibilities, these penalties can be particularly challenging. While hardship licenses are not available in New Jersey, our team can help you explore other options to address these difficulties.
How Long Does a DUI Stay on My Record?
In New Jersey, a DUI conviction remains on your driving record permanently. Unlike other states, New Jersey does not allow for the expungement of DUI offenses. This means that the conviction will continue to appear on your driving history, potentially influencing insurance rates and other aspects of your life.
However, New Jersey employs a ten-year step-down rule for DUI sentencing. If more than ten years pass between convictions, a subsequent offense may be treated as a first offense for sentencing purposes. While this does not erase the prior conviction, it can result in reduced penalties for future offenses.
Given the long-term implications of a DUI conviction, it is essential to approach the legal process with diligence and attention to detail. Our knowledgeable Toms River DUI lawyers can provide clarity and guidance as you address these charges.
What Should I Do if I am Arrested for a DUI?
If you are arrested for a DUI, remaining calm and cooperative is essential. Avoid making statements that could be used against you later. Provide requested documentation, such as your driver’s license and registration, and comply with instructions from law enforcement.
After the arrest, it is important to seek legal representation promptly. An attorney with experience handling DUI cases can review the evidence, assess potential defenses, and guide you through the legal process. Preparing for court appearances and understanding your rights are critical steps in addressing DUI charges effectively.
Our Toms River DUI lawyers can help you navigate the legal system and provide the representation necessary to protect your interests. With proper legal assistance, you can work toward a resolution that limits the impact of these charges on your life.
Toms River DUI Lawyers at Kitrick, McWeeney & Wells, LLC Offer Free Consultations
The Toms River DUI lawyers at Kitrick, McWeeney & Wells, LLC are committed to helping clients manage the challenges associated with DUI allegations. With our guidance, you can take the necessary steps to protect your rights and address the situation effectively. For a free consultation, submit our online form or call our Manasquan or Brick, New Jersey office at 732-920-8383. We serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.