Representing Drunk Drivers in New Jersey
The repercussions of driving drunk in New Jersey are among the harshest in the nation. In New Jersey, drunk-driving is treated like a traffic offense.
Therefore, you cannot have your case tried by a jury, only by a judge. In other states, it’s considered a crime. A drunk-driving conviction could result in the administration of thousands of dollars in fines, insurance surcharges and penalties against you.
A DWI conviction can also result in the loss of your license to drive legally in New Jersey for an extended period of time. If you have three (3) convictions, you could lose your license for ten (10) years and be required to spend 180 days in jail.
Or, if you do not have a license from New Jersey, a DWI conviction can be reported to your home state and they may choose to suspend your driver license based on your New Jersey DWI conviction. If your driver license is suspended, it may be difficult to support yourself and your family and make it impossible to keep your job.
Some drivers arrested for drunk-driving refuse to submit to a breath test. In New Jersey, you are legally required to submit to a breath test using the Alcotest machine (which used to be called the Breathalyzer) any time an officer asks you to do so. If you do not take the test, regardless of the reason, you will be charged with Refusal to Take Breath Tests in addition to DWI. Refusal is legally similar to drunk-driving and carries most of the same penalties.
As a result, it is imperative to have experienced drunk-driving defense attorneys on your side in order to find any deficiencies in the State’s case against you. Your New Jersey DUI attorneys can help you with many issues, including, but not limited to:
- Alcotest machine – many times it does not function correctly and the BAC results of the test may not be admissible against you in court.
- Police procedures – specific procedures need to be followed before the police can administer the Alcotest to you. If these procedures are not followed exactly, the judge may not allow the results of the Alcotest to be used against you.
- Language Barriers – If you refuse to take the Alcotest, you can be charged with Refusing to Take a Breath Test. You may not have understood what the police officer was telling you to do if you do not speak English and may have been charged with Refusal in error. The Refusal charge against you may be dismissed if the instructions were not given in your native language..
- Mistaken Refusals – In order for the Alcotest to get an accurate reading, you must blow into it strongly and for a long period of time. If you have a serious medical condition which would prevent you from blowing enough air into the machine, you may have been charged with Refusal by mistake.
Challenging a drunk driving arrest requires the expertise and experience of a qualified New Jersey DUI/DWI attorney. We ensure that your rights are protected and you get the best outcome possible. If you have been involved in a drunk driver accident, contact the New Jersey DWI Lawyers at O’Connor, Parson, Lane & Noble immediately. Contact us online or call at 1-908-928-9200 or 1-800-586-5817 for a free no obligation consultation.