New Jersey DUI

Can a DUI/DWI charge be challenged in court?

• Absolutely. There are numerous possibilities open to your lawyer to mount a challenge to the charges of DUI/DWI in a New Jersey court of law. Reasonable suspicion must have been present in order for a police officer to stop you in the first place. Police must establish probable cause that you are intoxicated in order to justify the administration of a field sobriety test or the breathalyzer test. These can be questioned in court. Questions about the accuracy of the breath test machine and whether or not the operator was properly qualified can be raised, as well. Other factual or legal challenges may also be available depending on the specifics of your case.

In New Jersey, what are the legal blood alcohol content limits.

• A 0.08% blood alcohol content is a per se, or automatic, violation of the DWI laws. Penalties can increase for higher BAC.

Does the state of New Jersey have Motor Vehicle surcharges and what are they for a DUI/DWI conviction?

• You can expect a surcharge of $1,000 a year for three years for a first offense or a second offense. In the case of a third offense, you can expect the surcharges to be at least $1,500 per year for 3 years.

When charged with a DUI/DWI do I have a right to an attorney?

• A charge of a DUI/DWI in the state of New Jersey is not a criminal offense. It is viewed as a motor vehicle offense but is considered to be “quasi-criminal.” Because of this you will not be entitled to a lawyer at the time your vehicle is stopped. Nor are you entitled during the sobriety testing and sub sequentially when you are arrested for a DUI/DWI. Once the arrest has been initiated and charges issued, you have a right to an attorney in order to protect your interests. At this point an attorney can look at any issues that may allow them to contest the charges, and will look at issues relating to the vehicle stop as well as the testing that was done. These are the two most common places that allow a defense to be mounted.

If charged with a DUI/DWI will I have a trial by jury?

• No. DWI is tried before a municipal court judge in the municipality where the offense occurred.

Is a road block constitutional?

• For the most part they are considered constitutional as long as proper procedures were followed by the police. Under State v. Kirk, the court held that temporary road blocks set up by exercise of absolute, unbridled discretion of officers in the field is violative of State Constitutional provision against unreasonable seizure. However, if certain procedures set forth, ensuring supervisory control of checkpoints and warnings to motorists, are carefully followed, any constitutional objections will be overcome.

This is an area where your lawyer can challenge certain aspects that involved your arrest, and in some cases will lead to a valid dispute of the charges against you.