Getting arrested for DUI is never a pleasant situation and especially if you’re not sure just what you will need to do now. Driving under the influence of alcohol is a serious crime in NJ and the penalties for driving while intoxicated can have fines, programs required to be driven, ignition interlock and limitations on driving. According to NJ law, driving under the influence of alcohol or drugs, with a Blood Alcohol Content of over 0.08% is illegal. The Hudson County DUI attorney may be able to assist in acquitting you of the charges, providing an overview of what may occur, and determining options that you have at your disposal.

Driver speaking with a criminal defense attorney about a New Jersey DWI charge

Understanding a New Jersey DWI Charge

The term DUI is used by many people but DWI, or driving while intoxicated, is a commonly used term in NJ statutes. Charges can be made based on a chemical BAC or based on the allegation of impairment.

Conditions surrounding traffic stops also factor into it. A lawyer can examine why the car was stopped, what officers saw, how the field sobriety exercises were conducted, and how any testing the breath and the blood testing were carried out and conducted.

A DWI does not always mean that it is the same. Depending on the circumstances, consequences of traffic violations and the legal approach can be influenced by the alleged BAC levels, previous offenses, the driver’s age, privacy at the scene of the violation and so on.

Why the Details of the Traffic Stop Matter

Charges for DWI are resolved through more than just reading the last blood alcohol reading. Additional evidence of any sort may be relevant, including dash camera video, police reports, witness statements and field sobriety checks.

Inspection of these aspects will allow for the identification of weaknesses and inconsistencies in the evidence. It can also provide the defendant with a better idea of what to anticipate next in the case.

Attorney reviewing police reports and evidence related to a DWI traffic stop

Potential Consequences of a DWI Conviction

The penalties associated with a New Jersey DWI arrest depend on any other aspects of the situation, including an individual’s drug and traffic history, blood alcohol concentration, and additional variables. For instance, a $250 – $400 fine, ignition interlock and detention requirements are required for a first BAC between 0.08% and 0.10%. Serious consequences for higher BAC levels. Repeat offenses can have much more severe repercussions. The second offense will include one or more of the following penalties: $500 to $1,000 community service, imprisonment, loss of right to drive a motor vehicle.

The statute provides for the third or subsequent violation to be punishable by a $1,000 fine, substantial jail time and the revocation of driving privileges for eight years. The impacts of these can impact the person’s ability to drive but not just that. This can also affect employment, insurance, finances and day to day life.

How a Hudson County DUI Attorney Can Help

Just because someone has a lawyer does not mean that they will be found not guilty or that something worked out a certain way for them. An experienced lawyer, though, will be able to educate a defendant about the situation and allow them to make decisions.

A criminal defense lawyer can go over the arrest records, look at evidence and see if there are any problems with the procedure, and discuss what defenses may apply. The attorney also might question the State’s evidence or bargain when applicable.

The purpose is to base a case on the facts as opposed to assumptions. Each DWI case is unique, and the most effective legal representation will be based on the evidence and New Jersey law that may be available in that case.

Frequently Asked Questions

Does a DWI charge always mean the person will lose their license?

Depending on each case, not necessarily like that. The impact will be varied by such factors as the concentration of alcohol (BAC) and the number of previous DUI convictions. Under different circumstances, the law of New Jersey also requires different considerations.

Can evidence in a DWI case be challenged?

Potentially. An attorney will review the evidence of the traffic stop, field sobriety testing, chemical testing, police procedures and more and decide on any real issues that need to be raised in the defense.

Why should someone hire a local DWI attorney?

A local attorney who is knowledgeable with New Jersey DWI laws, and Hudson County courts, can give guidance on a regional and case by case basis. The attorney will be available to make the topic of law tangible for the client, and help outline the realities of the situation.

Conclusion

Getting DUI arrested in Hudson County could have ramifications far beyond the arrest. Factors such as the evidence, the circumstances surrounding the arrest, the BAC check and what information a driver had on their record may be a factor in how a case unfolds. By having insight into the charges and legal counsel at the beginning, a defendant will have the ability to help inform his decision-making process throughout the case. If you are facing a DWI allegation, consulting William Proetta Criminal Law can be an important step toward understanding your rights, potential defenses, and available legal options.