Getting a DUI or DWI in New Jersey is no small matter. If you are convicted, a DUI/DWI offense will stay on your record for life with no possibility of expungement. That means that your conviction will be visible to potential employers, landlords and others who may have an interest in finding that information.
In New Jersey, DUI differs from DWI by virtue of the substance involved. A DWI means driving while intoxicated by alcohol. A DUI means driving under the influence of other types of drugs such as narcotics, hallucinogens or even over-the-counter or prescription medications.
If you’ve been charged with anything from a first-offense DUI/DWI to a felony DUI/DWI, it’s essential to contact an attorney who has both a depth of experience representing these kinds of cases as well as up-to-date knowledge of current and evolving DUI/DWI laws. In New York and New Jersey, is that lawyer. To schedule a free initial consultation to discuss your case, call his Oradell, New Jersey, office at 866-776-9241 or use the online contact form.
What Happens If I’m Arrested And Charged With DUI/DWI?
First of all, don’t panic. There may be ways an experienced DUI/DWI lawyer can argue that your arrest wasn’t warranted or didn’t follow proper procedure or that your constitutional rights were violated during the arrest. It is also possible that the chemical detection equipment used during your arrest wasn’t working correctly or wasn’t calibrated correctly or that the arresting officer made some other error that could invalidate your entire charge.
In New Jersey, a DWI is not a crime, but a quasi-criminal offense. That’s because crimes are defined as charges for which you can potentially receive more than 180 days in jail. If a defendant pleads guilty or is found guilty of a third or subsequent offense within 10 years from the prior offense, there is a mandatory period of incarceration of 180 days, only 90 days of which can be served in an inpatient facility. Since the court has no discretion under the New Jersey statute, The period of incarceration must be served in jail. Furthermore, a DWI is treated as a traffic offense. That means the offense goes on your driver’s license and is not expungeable because it is not officially a crime.
In addition, the New Jersey statute and case law construing N.J.S.A. 39:4-50 currently prohibits plea bargaining and the right to a jury trial. Therefore, your penalty for a New Jersey DUI or DWI charge will likely be non-negotiable, making it even more essential that you retain a lawyer with a strong track record representing these kinds of cases.
Most DUI/DWI cases seen by the firm are resolved without a trial. resolves 90 percent of his cases by filing motions to challenge the charges. Ultimately, a judge will determine the outcome in each case.
Could I Go To Jail For Drunk Driving?
In New Jersey, you will go to jail for a DWI charge only if you are convicted on a third offense and your blood alcohol content is sufficiently high, as determined by a breath, blood or urine test. Usually these tests require officers to have a search warrant.
Put Your Trust In A Lawyer With The Right Experience
has years of trial experience and a solid knowledge of how to build a strong defense for DUI/DWI cases. He continues to take continuing legal education courses to stay on top of developments in DUI/DWI law. For a free initial consultation at the , call 866-776-9241 or email the firm to schedule an appointment. The firm offers student discounts and accepts credit cards and payment plans.