DUI Law

DUI Law

If you were being charged or accused with DUI in New Jersey, we can help you in various defense strategies regarding your freedom and serious legal consequences.

Our strategy involves well drafted defense based on evidence and facts that have been collected and analyzed thoroughly. Our team at Garden State DUI are prepared to work hard with you and guide you through the legalities involved in DUI, including alcohol and drug-related offenses.

Legal Steps to when pulled over for DUI:

  • Be respectful to the officer of the law; be courteous and avoid arguments with the officer.
  • Do not give consent to police officer for carrying out any vehicle search. A police officer needs a search warrant in order to search your vehicle.

 NJ DWI Sentencing

On December 1, 2019, a new law changed New Jersey drunk-driving sentencing. All Driving While Intoxicated (DWI) sentences now have 5 components: Ignition interlock devices, fines, drivers license suspensions, jail, and alcohol education. 
Sentences depend on the driver’s record and his blood alcohol content (“BAC”). Jail sentences are very rare for first and second time offenders, but jail is required for 3rd time convictions. Fines and fees also range from $639 for a first time offense to $1,389 for a third offense. There is a big change in the law regarding ignition interlock devices (“IID”). The law requires IID on all offenders’ vehicles. Offenders can often avoid driver’s license suspensions (now called driver’s license “forfeiture”) by quickly installing an IID on their car. These offenders can keep their driver’s license after a DWI conviction. 

1.) FIrst Time Offenders Charged With Driving Under the Influence of Alcohol or With a Bac Ranging From.08 but Less Than 0.10
The judge must forfeit a defendant’s license indefinitely until the defendant installs an ignition interlock device. The IID must remain installed for 3 months. Under the new laws, the defendants can get their license back immediately by showing the DMV that the IID was installed. The offender can get his license back during the suspension period.   
Court ordered fines and fees will be between $639 and $789 (not including DMV fines and fees). Most Courts will order the minimum fine, but Judges can increase the fine if the offender endangered the public, has a bad record, or is likely to re-offend. A court may also sentence a first time offender to serve up to 30 days in jail, but courts rarely order jail time. 
All first time offenders must complete an Intoxicated Driver Resource Center educational course. The course is between 12 and 48 hours over two days. Counselors will determine if the offender could benefit for alcohol education and treatment. The law requires a two-day jail sentence for any offender who does not complete this education. An offender’s license is forfeited indefinitely until he completes the IRDC. 

2.) First Offenders Charged With Driving With a Bac Ranging from 0.10 but Less Than 0.15%:
The judge must forfeit a defendant’s license indefinitely until he installs an IID. The IID must remain installed for 7 - 12 months. These defendants can also seek immediate restoration of their driver’s licenses by showing the DMV that the IID was installed. Court ordered fines and fees will be between $689 and $889 (not including DMV fines and fees). This offense is also punishable with up to 30 days in jail, but first time DWI offenders rarely serve any jail time. These offenders must also complete the Intoxicated Driver Resource Center (“IDRC”) education. 


3.) First Offenders Charged With Driving With a Bac of 0.15% or Greater

For defendants with a high BAC level, the license forfeiture period does not begin until the defendant installs an IID in his car. Thereafter, the suspension term will range from 4 to 6 months. The IID must remain installed for an additional 9 to 15 months after the defendant gets his driver’s driver's license back. Court ordered fines and fees will also be between $689 and $889 (not including DMV fines and fees). The law also allows courts to order a 30 day jail sentence for this offense, but jail is very uncommon. The same IDRC education requirements apply.


4.) FOr First Time Offenders Charged With Driving Under the Influence of Drugs 

There is no IID requirement. Driver’s license forfeiture will be between 7 months and 12 months. Court ordered fines and fees will also be between $689 and $889 (not including DMV costs). A 30 day jail sentence is also possible but very uncommon. The same IDRC requirements apply.

5.) If a First Time Offender Does Not Own a Vehicle or Drive

There is no IID requirement for DWI offenders who do not own a car or drive. The offender’s license will be forfeited for the ignition interlock installation period. The fines, fees, and jail time follows the same BAC schedule as for those offenders with a vehicle. 

6.) DWI Sentencing for Second Time Offenders 

For second time offenders, blood alcohol content (BAC) does not affect sentencing. All second offenders are subject to a license forfeiture between 12 and 24 months. Unlike first time offenders, license forfeiture cannot be avoided by installing a IID. The license is suspended, and But, the offender must install an IID both during and following the license forfeiture. The IID must stay installed for 24 - 48 months after the defendant gets his license back. Second time offenders without a vehicle forfeit their license for 24 to 48 months.
 Court fines and fees will be between $889 and $1,389 for second offenses. This does not include DMV expenses. A second time offender is required to perform 180 hours of community service. The County probation department typically oversees community service.  
The law also requires second time offenders to serve a jail sentence between 2 and 90 days. This sentence can be served in jail or at an alcohol treatment facility. Second time offenders must also complete the same Intoxicated Driver Resource Center (“IDRC”) education. 

7.) Third and Later Offenses 

A third (or subsequent) time offender forfeits his license for 8 years. The forfeiture is definite and does not depend on an IID. But, an IID must be installed during the 8 year license forfeiture and for 24-48 months after the offender gets his license back. For those defendants who do not own a vehicle, the judge must order an 8 year license forfeiture and an additional forfeiture of 2 to 4years. If the offender gets a car and installs an IID, then the second suspension can be terminated. 
A 90 day jail sentence is required for third time offenders. Court ordered fines and fees total $1,389. The fine is mandatory. Instead of jail, the offender can enroll in residential treatment (rehab) and receive 90 day jail credit. The law does not disallow house arrest. Under the current state of the law, 3rd time offenders should quickly be in one of two places: rehab or jail.


New Jersey DWI Law. Innocent Until Proven Guilty

New Jersey Statute Section 39:4-50 is the Driving While Intoxicated (DWI) statute. It is illegal for a person to operate a car while drunk or high on drugs. A blood alcohol concentration of 0.08% or higher is considered drunk as a matter of law. However, not every person accused of DWI will be convicted. There are legal defenses to alleged DWI crimes. Just like other crimes, every person is presumed innocent. The State (the prosecutor) must prove beyond a reasonable doubt that the driver was DWI. 
The law requires the prosecutor to prove the obvious part of DWI -- intoxication level. The law also requires that the State satisfy more technical requirements. For example, the State must prove that the breath alcohol content machine is in proper working order. lf the State cannot prove the intoxication level and complete the technical requirements, then you are not guilty of DWI. 

II. Legal Defenses

a. Right to a Lawyer

 Every person charged with DWI has the constitutional right to a lawyer. A lawyer can help you defend yourself in Court. For example, the law requires the State to show every defendant all the evidence against him before a trial. In a DWI case, this means the State must prove that the breathalyzer was working properly, and the State must show you that evidence before trial. 

b. What the State Must Prove

 In New Jersey, breathalyzer test results are permitted evidence only after the State proves that the equipment was in proper order. This means that the State must prove that the breathalyzer was properly inspected and done so correctly. The State must also prove that the police who used the breathalyzer was properly trained, and that the cop did the test correctly. The State is required to prove these parts DWI crime;

i. Was the Breathalyzer Working Correctly? 
The Alcotest breathalyzer machine used in New Jersey must operate within a .005% margin of error. If 2 tests of the same breath sample do not show results within .005%, then the machine is out of order. A thermometer is used to calibrate the Alcotest machine. But not any store brand, over the counter thermometer is up to the task. The Alcotest thermometer must use measurement standards set by the National Institute of Standards and Technology (NIST). This special thermometer is required because the ability to measure the temperature with scientific certainty is critical to determine if the breathalyzer is working correctly. If an incorrect thermometer is used, then miscalibrations can occur. Miscalibrations will produce inaccurate breath test results. The breath test evidence is unreliable without the proper thermometer. 
In all DWI cases, the State must prove that police used the proper thermometer to calibrate the breathalyzer. The State cannot prove you are guilty of DWI without first proving that the correct thermometer was used to calibrate the Alcotest machine. A lawyer can help you make sure the State proves that the machine was properly calibrated. 

ii. Was the Breathalyzer Maintained Correctly?
The Alcotest breathalyzer must also be properly maintained. The New Jersey Supreme Court decided this means that the Alcotest software must be protected. The software must be: locked so that only the manufacturer can make revisions to the source code and be revised so that the Alcotest identifies and prints the software version that it is utilizing. Likewise, the alcotest machines must be periodically inspected, and all DWI defendants have the right to see the Breath Testing Instrument Inspection Certificates. A lawyer can help you investigate the breathalyzer software in your case and determine if the machine was properly maintained. 

iii. Were the Police Properly Trained? 

Did the police officer administering the Alcotest know how to use the machine? The New Jersey Office of the Attorney General strictly regulates law enforcement training, certification and licensing for police who are authorized to operate a breathalyzer. In general, the State must provide proof of training to all DWI defendants. The Division of State Police maintains records for all police who are certified Breath Test Operators. The State must, upon request, provide this information to all DWI defendants. A lawyer can request the record showing the official status of a law enforcement officer who has been trained and certified as a Breath Test Operator.

Iv. Was theBreath Test Done Correctly?

When the police administer the breath test, they must watch the DUI suspect for 20 minutes before beginning the test to be sure that the suspect does not place anything, such as alcohol, tobacco, or chewing gum in his or her mouth during that time. The suspect must blow 1.2 liters of air into the breathalyzer, and the Alcohotest machine will not accept any test until the suspect is expelling deep lung air. 
Generally, police who administered the breath test must be a certified Breath Test Operator, and he must testify in Court that he followed the proper steps outlined on an official Alcohol Influence Report Checklist. A lawyer can help you ask the police the right Alcohol Influence Report Checklist questions in Court. 

III. You Are Innocent Until Proven Guilty

 High, roadside blood alcohol content does not mean you are guilty of DWI. There are legal defenses. A lawyer can help you investigate whether the breathalyzer machine was working correctly and if the police were properly trained. A lawyer can also determine if the police completed the breathalyzer test correctly. The State must prove all these things beyond a reasonable doubt. And, the State must give the DWI defendant (upon request) 12 documents to prove these things. If your lawyer does not receive these documents on time, then you are not guilty of DUI. 



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