In New Jersey, it is unlawful to drive while under the influence of any intoxicating substance. Thus, a person who is impaired due to the use of illicit drugs or alcohol intake may be charged with a DUI offense. New Jersey has established regulations related to drunk and drive limits and different DUI charges regarding DUI violations. Breaking these regulations may lead to substantial penalties and/or long jail time.
If you are charged with driving under the influence of drugs, it is in your best interest to consult a top New Jersey DUI lawyer to weigh your options. With the support of a skilled New Jersey DUI lawyer, you can build a solid defense to navigate the legal complexities, potentially reduce penalties, and even protect your rights entirely.
DUI Regulations in New Jersey: An Overview
The state of New Jersey has strict DUI laws aimed at preventing impaired driving. There is a strict limit on the blood alcohol content for drivers and other aspects that influence the determination of strict sanctions on violators, which is based on several factors:
Blood Alcohol Concentration (BAC) Limits
- Adult persons (age 21 and older) are considered legally intoxicated when their blood alcohol concentration (BAC) is at least 0.08%.
- The threshold is now reduced to CMV drivers -0.04 % for various commercial drivers.
- For persons under 21, any consumption of alcohol is prohibited. This means that even a BAC of 0.01% would be enough to initiate DUI proceedings against the offender.
Drug Impairment
- DUI legislation for drugs encompasses more than just alcohol. There are charges for DUI if a person is above intoxicating levels due to any drug – prescription, over-the-counter, or illegal.
- In such cases, Drug Recognition Experts (DREs) assess the likelihood of a driver having impaired driving under drugs, and their testimonies are highly determinative in court.
Breaking these regulations may result in increased penalties for each subsequent violation. A New Jersey DUI lawyer can work to minimize these penalties or suggest other options for first offenders instead of imprisonment. These options are often devoted to treatment or aiding the community in other ways.
Penalties for DUI in New Jersey
The repercussions for driving under the influence of alcohol or drugs in the State of New Jersey are extensive and become more severe with each repeated offense:
- Initial Offence: Monetary penalties, risk of incarceration, a driving privileges ban for up to three months, compulsory participation in the Intoxicated Driver Resource Center (IDRC) and a probated sentence involving the installation of an ignition interlock device may be enforced as well, among other sanctions.
- Subsequent Offense: Fines are steep, and imprisonment will be longer. Suspension of driver’s license may take up to two years. IDRC attendance is still necessary, and the installation of an ignition interlock is required.
- Third Offense: Heavy fines, a six-month prison term, a ten-year license suspension, and lifelong ignition interlock requirements.
Pursuing penalties for driving under the influence charges can greatly affect a person’s life socially and economically, as well as driving for years to come. The services of an experienced New Jersey DUI lawyer are essential, especially in court, where the consequences need to be explained.
Why Choose top New Jersey DUI lawyer?
Because of the vast experience and shorthand that they offer in the litigation of DUI cases, New Jersey DUI lawyers are proficient in advocacy in courts. The following represent a few of the numerous reasons for hiring a top New Jersey DUI lawyer:
1. Challenging BAC and Drug Test Accuracy
Testing procedures for BAC or drugs are not foolproof. Test results can be compromised in many ways, including errors in the testing processes, equipment calibration and test administration. A qualified and professional DUI attorney will cross-check every aspect and search for discrepancies to strengthen the defense and draw up the prosecution’s case.
2. Establishing Whether the Traffic Stop was Justified
For a DUI arrest to hold, law enforcement must have probable cause for the initial traffic stop. A lawyer can check if the officer had legitimate reasons, such as errant driving or a traffic offense, pulling over your car. If there were no basis for the stop, all evidence obtained would be worthless in court. This is a constructive defense strategy that a DUI attorney can take advantage of, which might reduce or drop the charges altogether.
3. Examining Medical Conditions and Prescription Drugs
Certain medical conditions, like acid reflux or diabetes, can lead to false BAC readings. Additionally, legal medications may cause side effects that mimic impairment. A skilled lawyer will gather medical evidence or consult experts to explain these issues to the court, showing that the driver’s BAC reading or appearance was not due to alcohol or drug impairment.
4. Building a Customized Defense Strategy
Every DUI case has its distinctiveness, and a good lawyer will develop a defense strategy that considers the specific details of your case, including your criminal history, the details of the arrest, and any other information that would justify the case. For example, suppose this is the first offense, and there is no previous conviction. In that case, the lawyer might minimize the charge by looking for a plea bargain or other options that do not involve incarceration, like treatment.
Conclusion
DUI charges in New Jersey are substantial but need not overshadow your life forever. The skilled DUI attorney has more advantages than just constructing a defense. They also help safeguard you from excesses in the legal process and maximize chances of reduced or withdrawn charges. There is no doubt that engaging such atop New Jersey DUI lawyer is important to a person who has been accused of DUI and seeks the most favorable result.
