A charge of driving under the influence (DUI) of alcohol or drugs or driving while intoxicated (DWI) is a serious charge in the state of New Jersey. Even driving while under the influence of marijuana is a crime. But being charged with a crime does not mean you are guilty of that crime — an arrest does not necessarily mean a conviction. The accused have rights, and everyone is entitled to a skilled defense of the charges brought against them. At the Davis Law Firm, LLC, our Trenton DWI lawyers make sure your rights are protected and our dedicated legal team aggressively defends the charges brought against our New Jersey clients.
Experienced Trenton DWI Lawyers Vigorously Defend DUI Charges
Even if your blood alcohol concentration (BAC) is above the legal limit of 0.08%, there are defense strategies to employ to fight the DUI/DWI charges brought against you. The experienced criminal defense attorneys at the Davis Law Firm, LLC vigorously defend DUI/DWI charges, using proven strategies such as:
- Problems with the breathalyzer: in some cases, issues such as poor calibration and machine maintenance can affect the reliability of breathalyzer results
- Failure to follow procedure: using a machine to perform a breathalyzer requires stringently following all the procedures. Failure to do so can impact the results of the test
- Lack of probable cause: whether or not the arresting officer had probable cause to suspect you of driving under the influence (DUI) or driving while intoxicated (DWI)
- Lack of proper cause for the traffic stop: whether or not the arresting officer had proper cause for the traffic stop; there must be some legal basis for law enforcement to stop you to pull you over
Questions about whether your traffic stop for DUI/DWI was legal? Concerned that the results of your breathalyzer are inaccurate? Let us help. Contact the Davis Law Firm, LLC for a free confidential case evaluation.
New Jersey Imposes Stiff Penalties For DUI/DWI Conviction
New Jersey imposes varying penalties for a DUI/DWI conviction, depending upon the individuals’ blood alcohol concentration (BAC) at the time they are arrested. If the individual charged has any past DUI/DWI convictions, this can also impact on the penalties that are imposed.
In New Jersey, penalties for a first offense DUI/DWI is as follows:
If your blood alcohol concentration (BAC) is between 0.08% and 0.10%, the penalties include:
- Imprisonment for up to 30 days
- Monetary fine of $250-$400
- Minimum of two consecutive days (six hours per day) participation in an Intoxicated Driver Resource Center
- Loss of driver’s license until an ignition interlock is installed. Ignition interlock is required for 3 months
- Pay an automobile insurance surcharge of $1,000 a year for a period of three years
If your blood alcohol concentration (BAC) is between 0.10% and 0.15%, the penalties include:
- Imprisonment for up to 30 days
- Monetary fine of $300-$500
- Minimum of two consecutive days (six hours per day) participation in an Intoxicated Driver Resource Center
- Loss of driver’s license until an ignition interlock is installed. Ignition interlock is required for a period of 7 months to one year
- Pay an automobile insurance surcharge of $1,000 a year for a period of three years
In New Jersey, if a first time DUI/DWI offender has a BAC of 0.15% or more, the individual must have an ignition interlock device installed in their primary vehicle during the period of license suspension — 4 to 6 months — and for a period of 9 to 15 months after the restoration of their drivers’ license. The penalties for any subsequent DUI/WI offenses increase with each repeat offense.
Marijuana DUI In New Jersey
Operating a motor vehicle while under the influence of a narcotic — including marijuana — is illegal in New Jersey. Marijuana DUI can be proven with evidence that is observational, regardless of whether there is a BAC test result. However, marijuana impairment can be difficult to assess, which creates greater opportunities to develop strong legal defense strategies.
Charged With A DUI? Let The Skilled Trenton DWI Lawyers At Davis Law Firm, LLC Help
If you or a loved one was charged with a DUI/DWI in New Jersey, let us help. At the Davis Law Firm, LLC, our skilled Trenton DWI Lawyers have more than 20 years of experience successfully representing New Jersey clients charged with DUI/DWI. Our DUI/DWI defense attorneys handle each case personally, developing strong, tailored legal strategies to fight the charges brought against you. The Davis Law Firm, LLC offers a free consultation to those charged with DUI/DWI. Schedule your confidential case evaluation with a member of our team today.
