Jersey City DUI Attorney
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A DWI / DUI conviction can have serious and lasting consequences, including future employment prospects, housing, and the ability to get credit. Both first-time offenders and repeat offenders face mandatory fines and penalties. Additionally, there are a host of related offenses that may also be implicated if you are charged with a DUI / DWI.
If you’ve been arrested for a DUI, the Jersey City DUI attorneys from the Bhatt Law Group can advocate for your rights and help you fight for a favorable result. Having a good attorney by your side at the outset of your case can have an impact in mounting a successful defense. Call us at (201) 798-8000 for a free consultation to discuss your case.
New Jersey’s Driving While Intoxicated Statute and Penalties
Under the law, you may be considered to be driving under the influence if you are driving with a blood alcohol concentration (BAC) of 0.08 percent or more or if you are impaired due to ingesting illegal or prescription substances. However, even if you have a BAC that is under 0.08, you may still be considered to be under the influence if your driving is negatively affected by drugs or alcohol.
New Jersey’s law on DWI/DUI charges prescribes a mandatory set of penalties for offenses. Frequently drivers license suspension will be which include but are not limited to:
- First Offense – Up to 30 days in jail, significant monetary fines and surcharges, and driver’s license suspension for up to 12 months
- Second Offense – Up to 90 days in jail, significant monetary fines and surcharges, a mandatory 2-year driver’s license suspension, and 30 days community service
- Third and Subsequent Offenses – Mandatory 180 days in jail (which can be reduced with up to 90 days of rehab), significant monetary fines and surcharges, and a 10-year mandatory driver’s license suspension
In addition, you will also be required to complete an intoxicated driver’s program through the Intoxicated Driving Resource Center (IDRC). The IDRC provides mandatory Alcohol and Highway Safety Education courses, evaluates for alcohol abuse issues, and determines the need for further treatment, which may include a 16-week minimum program.
The statute also provides that if you are charged with a first DWI/DUI and your BAC level is 0.15 percent or higher, you will be required to place an ignition interlock device in your vehicle during the term of your New Jersey license suspension and between 6 months to 1 year after you serve the court ordered suspension. The ignition interlock device is mandatory for second and subsequent violations and must be installed during your suspension period as well as for a 1 to 3 year period after your court ordered suspension.
Implied Consent Law a.k.a. “Refusals”
New Jersey also has an implied consent statute that requires drivers arrested for drunk driving to provide a breath, blood, or urine sample. If you refuse and the State satisfies its burden of proof, you face mandatory penalties, which include, but are not limited to:
- First Offense – Driver’s license suspension of 7 to 12 months (which can run concurrently with or consecutively to a DWI/DUI suspension) and significant monetary fines and surcharges, as well as the aforementioned IDRC and ignition interlock requirements
- Second Offense – Mandatory driver’s license suspension of 2 years (which must run consecutively to any DWI/DUI suspension), significant monetary fines and surcharges, as well as the aforementioned IDRC and ignition interlock requirements
- Third and Subsequent Offenses – Mandatory 10-year driver’s license suspension (which must run consecutively to any DWI/DUI conviction) and significant monetary fines and surcharges, as well as the aforementioned IDRC and ignition interlock requirements.
The police are required to inform you of all the penalties that you face regarding a refusal. If they fail to do so or do so improperly, you may have defenses to the refusal charge. Additionally, if the police seek to draw your blood or ask for urine and do not obtain a warrant, you may have defenses to the refusal charge.
Contact a New Jersey DUI Attorney Today
A DUI charge is a serious matter. Bhatt Law Group has been helping defend people in New Jersey DUI and refusal-related cases since 2006. With former prosecutors on our team, we have decades of collective experience on both sides of the argument, so we can help you craft an effective defense.
Contact Bhatt Law Group today at (201) 798-8000 to speak with one of our Jersey City criminal defense attorneys regarding your DUI charge.