The Ultimate Guide for DUI in NJ
4 min read
New Jersey is popular for strict driving laws, and any traffic violations may attract dire consequences. A common traffic offence in NJ is driving under the influence (DUI), also called driving while intoxicated. A DUI offence may sound like a minor offence but it comes with long term consequences. First DUI offenders are required to pay hefty fines–hundreds of dollars– but the court can take away the driving privileges of DUI offenders for a maximum of 3 months. If you’re facing a DUI charge, Professional legal representation would be a viable solution for DUI offenders.
An accused is considered innocent until proven guilty beyond reasonable doubt hence the need for an experienced DUI attorney in NJ to help the accused avoid severe penalties.
Legal Definition of DUI?
Depending on the state one comes from, the term DUI is defined differently. However, all definitions serve the purpose of informing drivers of the circumstances under which a traffic offence is considered a DUI. Also, DUIs indicate what is required to prove DUI offences and secure convictions successfully. However, the court requires prosecutors to prove that the accused was operating a vehicle while intoxicated before a DUI conviction can be secured
The ambiguity of DUI Law in NJ
Operating a Vehicle
DUI laws prohibit “driving” while intoxicated, meaning the vehicle should be in motion if the driver is to be accused of a DUI offence. However, other states require more evidence that the accused had “physical control” of the car. With the definition, you’re likely to be considered an offender even if the car wasn’t in motion.
Under the Influence
DUI laws include per se and impairment laws. You can qualify for a DUI conviction based on being impaired by drugs, or based on the alcohol content in your blood which is referred to as “per se”.
DUI Laws and Penalties in NJ
DUI and DWI penalties are dependent on the fact that the accused is a first-time, second-time, or third-time offender. A second DUI offence occurring ten years later is regarded as a first DUI offence, and a third DUI offence happening ten years after the second DUI is deemed as a second DUI offence third-time. However, the following section highlights the penalties in detail:
Jail Term
First offenders get 30 days jail term, repeat offenders can be jailed for 48 hours up to a maximum of 90 days, while third-time offenders are jailed for 180 days.
Fines
First offenders: $250 to $400.
Repeat offenders: $500 to $1,000.
Third-time offenders: $1,000.
IDRC Program
First offenders: 12 to 48 hours.
Repeat offenders: Complete program.
Third-time offenders: Complete program.
License Revocation
First offenders: 3 months.
Repeat offenders: 1 to 2 years.
Third-time offenders: 8 years.
Community Service
First offenders: None.
Repeat offenders: 30 days.
Third-time offenders: Up to 90 days.
Can a DUI Be Expunged from Your Record in NJ?
Having a criminal history can have dire consequences. It may affect your life in several ways. A criminal record can be used against you when obtaining a mortgage or insurance coverage. It can also have an impact on your employment. If you’re facing a DUI charge, you need to consider the services of a competent NJ DUI lawyer to represent you.
If convicted of a DUI offence, your penalty will be influenced by factors such as criminal history, prior DUI convictions, and whether there are any fatalities. Being a repeat offender or injuring someone while intoxicated may attract harsher penalties. Unfortunately, a DUI can’t be expunged in New Jersey as it’s considered a traffic offence and not a criminal offence. However, the DUI will not reflect in your record after 10 years.
Potential Defenses for DUI in New Jersey
This will depend on the circumstances surrounding your case. However, the following are some of the potential defences for a DUI in NJ:
Breathalyzer Error
Lack of calibration may interfere with the functioning of a breathalyzer which can cause a malfunction. If the court proves that there was a machine error, you might be freed.
Procedural Mistakes
Certain procedures should be observed by traffic authorities when flagging down vehicles or arresting traffic offenders. When such procedures are not followed, you may use that as a defence.
Constitutional Violations
The U.S constitution regulates the way DUI tests are conducted during road arrests and traffic stops. If your constitutional rights were violated, you stand a chance of avoiding conviction
Choosing A DUI Attorney
The choice of your attorney impacts DUI cases significantly, and offenders should do the following before settling on a DUI attorney:
Get conversant with the legal system.
Compare the services offered by different attorneys.
Find out whether the costs related to your case are just and fair.
It should be noted that much more should be done to defend DUI cases successfully. It’s prudent to seek legal help from a competent attorney when faced with a DUI charge.
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