When police arrest you for driving under the influence (DUI), you may have many questions, including whether you will lose your license, face fines, or go to jail. In New Jersey, driving while intoxicated, driving under the influence, and refusing to submit to a breath test are all serious offenses that a Piscataway DUI lawyer from our firm can help you address.
Our experienced criminal defense attorney understands the stakes. With 16 years under her belt, she could stand in your corner and leave no aspect of your defense to chance.
Establishing Proof of Driving Under the Influence
New Jersey’s drinking and driving statute requires proof of two elements: (1) operation and (2) a motor vehicle. Prosecutors usually establish the element of “operation” through direct observations or circumstantial evidence showing that the driver operated the vehicle. The State does not need to prove that the vehicle actually moved. Instead, it must show that the motorist intended to operate the vehicle and that the vehicle was capable of movement. Prosecutors often try to prove intent by introducing evidence that the defendant placed the keys in the ignition or that the vehicle was running. We understand the legal complexities surrounding the issue of “operation,” and we are prepared to defend our clients against these allegations.
The State must also prove that you were intoxicated. The law defines intoxication as a substantial deterioration or diminution of a person’s mental faculties or physical capabilities resulting from the ingestion of alcohol or drugs. Prosecutors typically establish alcohol intoxication through breath or blood test results showing a blood alcohol content of 0.08% or higher. In New Jersey, law enforcement currently uses a device commonly known as a breathalyzer to test breath samples. These devices are not infallible, and their use has generated extensive litigation.
If the state is unable to establish a violation through breath sample or blood, law enforcement may attempt to establish intoxication through field sobriety testing, which are subject to interpretation. There are many defenses to driving while intoxicated that a Piscataway DUI attorney can employ to defend such a charge.
What are the Penalties for DUI in New Jersey?
DUIs carry significant penalties. Punishments vary according to whether it was a first or repeat offense, as well as the level of alleged intoxication. In addition to fines, jail time, and other consequences, DUIs carry additional costs (including court fees, payments to restitution funds, and DMV surcharges) that could add up to hundreds and even thousands of dollars of extra financial costs.
For a first offense involving a BAC between 0.08 and 0.10 percent, the court may impose fines ranging from $250 to $400, require alcohol screening and education, sentence you to up to 30 days in jail, and suspend your license until you install an ignition interlock device, which you must keep installed for three months.
A first offense with a BAC of 0.15 percent or higher increases penalties to a fine of up to $500, as well as license suspension for four to six months, followed by another nine to 15 months with an ignition interlock device.
Sentences for second and third offenses included fines between $500 and $1,000, community service, up to 180 days in jail, two to eight-year license suspension, and an interlock device.
DUI sentencing is complicated. If you face a DUI charge—whether it is your first offense or not—you could benefit from a case-specific evaluation by a DUI lawyer who understands the ins and outs of Piscataway DUI laws.
Potential DUI Defenses
Even though DUI penalties can be severe, potential defenses exist. These might include
- The chemical test was flawed
- The evidence was contaminated
- The field sobriety test was unreliable
- The officer did not have probable cause for the arrest
- The officer did not have reasonable suspicion for the stop
- The officer failed to Mirandize the defendant prior to questioning
- The defendant had a health condition that confused the test results
A Piscataway DUI attorney could thoroughly review the details of your situation to determine the best way to handle the charges.
Contact a Piscataway DUI Attorney
A DUI can significantly impact your life and livelihood. You may have been overcharged or even wrongfully accused. Regardless of the circumstances, you could have defenses available and options to challenge the case.
You do not need to face this alone. A Piscataway DUI lawyer could help. Call today for a consultation.
