New Jersey Driving Under the Influence Charge

DUI Attorney in Elizabeth, New Jersey

DUI/DWI Defense Lawyer in New Jersey

Driving under the influence (DUI) of alcohol or drugs is a serious offense in New Jersey that can have severe consequences for your life, liberty, and finances. DWI/DUI (N.J.S.A. 39:4-50) If you are arrested for DUI, you may face jail time, fines, license suspension, ignition interlock device installation, and mandatory education or treatment programs. In addition, a DUI conviction can affect your employment, insurance, education, and immigration status.

However, being arrested for DUI, first offense DUI, second offense DUI, third offense DUI, breathalyzer refusal or an underage DUI does not mean that you are automatically guilty or that you have no options to defend yourself. There are many ways to challenge a DUI charge and avoid a conviction, depending on the facts and circumstances of your case. If you’re seeking legal representation in New Jersey for driving under the influence, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

  1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
  2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
  3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
  4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
  5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this guide that will provide you with a general overview of the DUI/DWI in New Jersey, as well as some common defenses that may be available to you.

Definition of DWI/DUI Charge in New Jersey

According to the New Jersey Revised Statutes Section 39:4-50, a person is guilty of DUI if they operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or more, or while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug. The penalties for DUI depend on the level of BAC, the number of prior offenses, and other factors. Per NJ.Gov, the penalties may include:

  • 1st Offense
    • If an offender’s BAC is 0.08 percent or higher, but less than 0.10 percent, or if an offender permits another person with a BAC over 0.08 percent, but less than 0.10 percent to operate a motor vehicle, the penalties are:
    • A fine of $250-$400
    • Imprisonment for up to 30 days
    • Driver’s license forfeiture until ignition interlock installed. Interlock required for 3 months.
    • A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
    • An automobile insurance surcharge of $1,000 a year for 3 years.
      • If the offender’s BAC is 0.10 percent but less than 0.15 percent, or permits another person with a BAC of 0.10 percent but less than 0.15 percent to operate a motor vehicle, the penalties are:
      • A fine of $300-$500
      • Imprisonment for up to 30 days
      • Driver’s license forfeiture until ignition interlock installed. Interlock required for 7 months to one (1) year.
      • A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
      • An automobile insurance surcharge of $1,000 a year for 3 years
        • Offenders with a BAC of 0.15 percent or higher must install an ignition interlock device in one vehicle they principally operate during the license suspension period of 4 to 6 months and for a period of 9 months to 15 months after license restoration
  • 2nd Offense
    • A fine of $500-$1,000
    • Imprisonment of at least 48 consecutive hours, and up to 90 days
    • Minimum 1-year and up to 2-year license suspension.
    • Completion of evaluation, referral and program requirements of the IDRC.
    • 30 days of community service
    • An automobile insurance surcharge of $1,000 a year for 3 years.
    • Installation of an ignition interlock device for a period of license suspension and 2 years to 4 years after license restoration.
  • 3rd Offense
    • A fine of $1,000
    • Imprisonment of 180 days except the court may lower such term for each day, not exceeding 90 days, served in a drug or alcohol inpatient rehabilitation program approved by IDRC.
    • 8 year license suspension.
    • 30 days of community service.
    • Completion of evaluation, referral and program requirements of the IDRC.
    • An automobile insurance surcharge of $1500 a year for 3 years.
    • Installation of an ignition interlock device for a period of license suspension and 2 years to 4 years after license restoration.
  • Any Offense Also Carries
    • $100 surcharge to be deposited in the Drunk Driving Enforcement Fund
    • A Motor Vehicle Commission restoration fee of $100 and an Intoxicated Driving Program fee of $100
    • A Violent Crimes Compensation Fund fee of $50
    • A Safe and Secure Community Program fee of $75
Parent/Guardian Convicted of DUI with Underage Passengers

In New Jersey, a parent or guardian who is convicted of driving while intoxicated and had a passenger in the motor vehicle 17 years of age or younger, is also guilty of a disorderly persons offense. A disorderly persons offense has penalties of up to 6 months in the county jail and up to a $1000 fine. In addition, a person forfeits the right to operate a motor vehicle for a maximum of 6 months and must perform community service for up to 5 days.

Challenge the legality of the traffic stop

One of the first things you should do if you are pulled over for suspicion of DUI is to ask the officer why he or she stopped you. The officer must have a valid reason to stop you, such as a traffic violation, a vehicle defect, or a tip from a reliable source. If the officer cannot provide a valid reason, or if the reason is based on a hunch or a stereotype, you may be able to argue that the stop was illegal and that any evidence obtained from the stop should be suppressed.

Challenge the accuracy of the field sobriety tests

Another common way to challenge a DUI charge is to question the accuracy and reliability of the field sobriety tests (FSTs) that the officer administered to you. FSTs are physical or mental exercises that are supposed to measure your balance, coordination, and attention. However, FSTs are not foolproof and can be affected by many factors, such as your age, weight, health, fatigue, weather, lighting, road conditions, and footwear. If you can show that the FSTs were not performed properly, that the officer did not follow the standardized instructions, or that the results were influenced by external factors, you may be able to cast doubt on the officer’s conclusion that you were impaired.

Challenge the validity of the chemical test

The most important piece of evidence in a DUI case is usually the chemical test that measures your blood alcohol content (BAC) or the presence of drugs in your system. In New Jersey, you can be charged with DUI if your BAC is 0.08% or higher, or if you have any amount of a controlled substance in your blood or urine. However, chemical tests are not always accurate and can be challenged on various grounds, such as:

  • The officer did not have probable cause to request the test
  • The officer did not inform you of your rights and the consequences of refusing the test
  • The officer did not follow the proper procedures for administering the test
  • The officer did not use a certified and calibrated device for the test
  • The officer or the lab technician did not preserve or handle the sample correctly
  • The sample was contaminated, diluted, or tampered with
  • The sample was affected by your medical condition, medication, or diet

If you can show that the chemical test was invalid or unreliable, you may be able to exclude it from evidence or reduce its weight in court.

Challenge the officer’s testimony and credibility

Another way to challenge a DUI charge is to challenge the officer’s testimony and credibility. The officer’s testimony is often the main source of evidence against you, especially if there is no video or audio recording of the traffic stop and the arrest. However, the officer’s testimony is not always accurate or consistent, and may be influenced by bias, prejudice, or memory lapses. If you can show that the officer made mistakes, contradicted himself or herself, or lied about the facts of the case, you may be able to undermine the officer’s credibility and weaken the prosecution’s case.

Can I Negotiate a plea bargain or a diversion program in New Jersey?

Plea bargaining was generally not allowed in DUI cases in New Jersey. However, a new law that was signed now allows plea bargaining in New Jersey. In addition to plea bargaining a DUI/DWI in New Jersey, a defendant can still try challenging the evidence, the legality of the traffic stop, or the officer’s testimony, or negotiating a dismissal of the charges. These options may depend on the facts and circumstances of your case and may require the assistance of an experienced and reputable DUI lawyer. Therefore, if you are facing a DUI charge in New Jersey, it is advisable to consult a legal professional who can help you evaluate your situation and explore your options.

New Jersey DUI Drug Laws

In New Jersey, driving under the influence (DUI) of drugs is a serious offense. The law considers a person to be under the influence if they operate a motor vehicle while impaired by any narcotic, hallucinogenic, or habit-producing drug. This includes illegal drugs, prescription medications, and over-the-counter medications that can impair one’s ability to drive.

Penalties for DUI of Drugs in New Jersey

The penalties for a DUI of drugs are similar to those for alcohol-related DUI offenses and can include:

  • License Suspension: For a first offense, the driver’s license can be suspended for 7 months to 1 year. Subsequent offenses result in longer suspension periods.
  • Fines: Fines range from $300 to $500 for a first offense. Additional fees and surcharges can also apply, including a $1,000 annual surcharge for three years.
  • Prison Term: A first-time offender may face up to 30 days in jail. This increases with subsequent offenses.
  • Community Service: Depending on the offense, community service may be required.
  • Intoxicated Driver Resource Center (IDRC): Offenders must attend the IDRC program, which includes a drug and alcohol screening and evaluation.
  • Ignition Interlock Device: An ignition interlock device may be required during the license suspension and for a period following the restoration of the license.

Additional Considerations

  • Implied Consent Law: New Jersey’s implied consent law requires drivers to submit to chemical testing if suspected of DUI. Refusal to take the test can result in additional penalties.
  • Zero Tolerance for Underage Drivers: Drivers under 21 with any detectable amount of alcohol or drugs in their system face strict penalties.
  • Driving with a DUI Suspension: If caught driving with a suspended license due to a DUI, the penalties include additional fines, extended suspension, and possible jail time.

It’s crucial to note that the specifics of each case can affect the penalties, and legal advice should be sought for individual situations. Call our office today for a consultation regarding your New Jersey driving under the influence of drugs. 

Underage DUI Laws in New Jersey

New Jersey’s Zero Tolerance Law
New Jersey has a zero-tolerance policy for underage drinking and driving. The law is strict for drivers under the age of 21. If an underage individual is caught operating a motor vehicle with a blood alcohol concentration (BAC) of 0.01% or higher, they are subject to DUI charges.

Legal Ramifications
Underage drivers do not have the same BAC threshold as those of legal drinking age. While the standard BAC limit is 0.08% for adults, any detectable amount of alcohol in underage drivers can lead to severe consequences.

Penalties for Underage DUI in New Jersey

License Suspension
An underage DUI conviction results in a mandatory suspension of driving privileges for 30 to 90 days. This penalty applies even if the BAC was just 0.01%.

Community Service
Convicted individuals are required to perform 15 to 30 days of community service. This serves as both a punitive measure and a means to educate young drivers on the consequences of impaired driving.

Alcohol and Traffic Safety Education Program
Offenders must participate in an alcohol and traffic safety education program provided by the Intoxicated Driver Resource Center (IDRC). This program aims to prevent future DUI incidents by educating young drivers about the risks of alcohol and drug use.

Additional Fines and Penalties
Underage drivers may also face additional fines and penalties, including a $500 fine and the potential for an alcohol education or treatment program if caught purchasing or consuming alcohol.

Impact on Insurance and Record
An underage DUI conviction can significantly impact car insurance rates and remains on the individual’s driving record, affecting future insurance premiums and driving opportunities.

Importance of Compliance

Implied Consent Law
New Jersey’s implied consent law requires all drivers, including those underage, to submit to chemical testing if lawfully arrested for DUI. Refusal to comply results in penalties similar to those for a DUI conviction.

Advice for Underage Drivers
It’s crucial for underage drivers to understand the seriousness of New Jersey’s DUI laws. Abstaining from alcohol consumption before driving is the only sure way to avoid the severe repercussions of an underage DUI.

Understanding Breathalyzer Refusal in New Jersey

New Jersey’s Implied Consent Law
Under New Jersey law, specifically N.J.S.A 39:4-50.4(a), any person who operates a motor vehicle on New Jersey roads has given their implied consent to submit to a breathalyzer test if lawfully requested by a police officer. Refusing to take a breathalyzer test when asked by law enforcement is a violation of this law and carries its own set of penalties, separate from those associated with DUI charges.

Penalties for Breathalyzer Refusal

First Offense

  • License Suspension: 7 to 12 months.
  • Fines: $300 to $500.
  • Intoxicated Driver Resource Center (IDRC): Mandatory attendance for 12 to 48 hours.

Second Offense

  • License Suspension: 2 years.
  • Fines: $500 to $1,000.
  • IDRC: Mandatory attendance with the duration based on evaluation results.

Third or Subsequent Offense

  • License Suspension: 8 years.
  • Fines: $1,000.
  • IDRC: Mandatory attendance as prescribed by the program.
Additional Considerations

Concurrent Penalties
If an individual is convicted of both DUI and refusal, the penalties can be compounded, leading to longer license suspension periods and higher fines.

Refusal in a School Zone
Penalties are increased if the refusal occurs within a school zone or school crossing, potentially doubling the fines and suspension periods.

Ignition Interlock Device
Depending on the specific circumstances, the court may require the installation of an ignition interlock device on the offender’s vehicle.

Legal Implications

Right to Refuse?
While individuals may believe they have the right to refuse a breathalyzer test, New Jersey law obligates compliance when lawfully requested by a police officer. Refusal can lead to immediate arrest and the aforementioned penalties.

Defending Against a Refusal Charge
It is possible to challenge a refusal charge, but it requires a strong legal defense. Common defenses include questioning the lawfulness of the traffic stop or the manner in which the officer requested the test.

Frequently Asked Questions (FAQs) 

  1. What is the legal blood alcohol concentration (BAC) limit in New Jersey?

    • The legal BAC limit in New Jersey is 0.08%. Operating a motor vehicle with a BAC of 0.08% or higher is considered driving under the influence.
  2. What are the penalties for a first DUI offense under NJSA 39:4-50?

  3. Can I go to jail for a DUI in New Jersey?

    • Yes, for a first DUI offense, there is a possibility of imprisonment for up to 30 days at the discretion of the court.
  4. What is an ignition interlock device and when is it required?

    • An ignition interlock device is a breathalyzer for an individual’s vehicle, requiring the driver to blow into it before the engine will start. It is required for all first-time offenders during the period of license suspension and for six months to one year following restoration.
  5. Are there different penalties for driving under the influence of drugs compared to alcohol?

    • No, the penalties for driving under the influence of drugs are similar to those for alcohol. This includes fines, potential jail time, and the requirement of an ignition interlock device.
  6. What happens if I refuse a breathalyzer test in New Jersey?

    • Refusing a breathalyzer test can result in a license suspension and fines similar to those imposed for a DUI conviction.
  7. How long will my license be suspended for a first DUI offense?

    • For a first offense with a BAC of 0.08% but less than 0.10%, the license suspension is typically three months. If the BAC is 0.10% or higher, the suspension can be from seven months to one year.
  8. Can I challenge a DUI charge in New Jersey?

    • Yes, you can challenge a DUI charge. Defenses may include questioning the accuracy of the BAC test, the legality of the traffic stop, or the operation of the vehicle.
  9. Does a DUI conviction affect my insurance rates?

    • Yes, a DUI conviction will likely result in increased car insurance rates and can lead to the requirement of filing an SR-22 form.
  10. Are there additional penalties for a DUI in a school zone in New Jersey?

    • Yes, DUI offenses committed within a school zone or school crossing can result in increased fines, longer periods of license suspension, and more community service hours.
  11. What is the Intoxicated Driver Resource Center (IDRC)?

    • The IDRC is a program that provides education and evaluation services for DUI offenders. Attendance is mandatory and part of the penalties for DUI convictions in New Jersey.
  12. Does New Jersey have a ‘Zero Tolerance’ law for underage drinking and driving?

    • Yes, New Jersey enforces a ‘Zero Tolerance’ law. If an individual under the age of 21 is caught with a BAC of 0.01% or higher, they can be charged with a DUI.
  13. What are the penalties for a second DUI offense in New Jersey?

    • A second DUI offense within ten years of the first can result in a fine of $500 to $1,000, a 2-year license suspension, and a possible jail term of 30 days to 90 days.
  14. How does a DUI conviction affect my driving record?

    • A DUI conviction will result in points being added to your driving record, which can lead to increased insurance premiums and potential loss of driving privileges.
  15. Can I lose my car insurance after a DUI conviction?

    • It’s possible. Insurance companies may consider a person with a DUI conviction a high-risk driver and can either raise premiums significantly or cancel the policy.
  16. What is the difference between a DUI and a DWI in New Jersey?

    • In New Jersey, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are used interchangeably to refer to the same offense of operating a vehicle under the influence of alcohol or drugs.
  17. Are DUI checkpoints legal in New Jersey?

    • Yes, DUI checkpoints, also known as sobriety checkpoints, are legal in New Jersey and are used as a method to deter and detect impaired driving.
  18. What is the implied consent law in New Jersey?

    • The implied consent law means that by driving on New Jersey roads, you have agreed to submit to a breath test if you’re suspected of DUI. Refusal to take the test can result in penalties similar to those for DUI.
  19. Can a DUI conviction be expunged from my record in New Jersey?

    • No, DUI convictions are not eligible for expungement in New Jersey. They remain on your driving record permanently.
  20. What should I do if I’m stopped by the police and suspected of DUI?

    • It’s advised to remain calm, be polite, and provide the requested documents. You have the right to remain silent and to seek legal counsel before answering questions or taking a breath test.
  21. What are the fines for a third DUI offense in New Jersey?

    • A third DUI offense can result in a fine of $1,000, along with other penalties such as a 8-year license suspension and a mandatory jail term of 180 days.
  22. Is community service required for DUI convictions in New Jersey?

    • Yes, community service is often part of the sentencing for DUI convictions. For a first offense, it’s not typically required, but for a second offense, 30 days of community service is mandatory.
  23. How does New Jersey treat out-of-state DUI convictions?

    • New Jersey will consider out-of-state DUI convictions when determining if an offense is a second or subsequent offense, which can affect the severity of penalties.
  24. What is the surcharge for DUI convictions in New Jersey?

    • New Jersey imposes a surcharge of $1,000 per year for three years for DUI convictions.
  25. Can I attend DUI school to reduce my penalties in New Jersey?

    • While attending the Intoxicated Driver Resource Center is mandatory, it does not reduce penalties. It is part of the overall penalty for a DUI conviction.
  26. What happens if I’m caught driving with a suspended license due to a DUI in New Jersey?

    • Driving with a suspended license after a DUI can lead to additional fines, an extended period of suspension, and possible jail time.
  27. Are there any work or hardship licenses available after a DUI in New Jersey?

    • No, New Jersey does not offer work or hardship licenses. If your license is suspended due to a DUI, you cannot legally drive for any reason until the suspension is lifted.
  28. What is the look-back period for DUI offenses in New Jersey?

    • The look-back period, or the time frame during which prior DUIs are relevant for sentencing, is 10 years in New Jersey.
  29. Can I refuse field sobriety tests in New Jersey?

    • Yes, you can refuse field sobriety tests without direct legal penalties, but this may be used as evidence against you in court.
  30. What role does a Drug Recognition Expert (DRE) play in a DUI case in New Jersey?

    • A DRE is trained to recognize impairment in drivers under the influence of drugs other than, or in addition to, alcohol. Their evaluation can be used as evidence in DUI cases.

Premier New Jersey Driving Under the Influence Attorney

A DUI charge in New Jersey is a serious matter that can have a lasting impact on your life. However, it is not a hopeless situation and you have many ways to fight back and protect your rights. The best thing you can do if you are arrested for DUI is to contact an experienced and reputable DUI lawyer who can help you evaluate your case, explore your options, and achieve the best possible outcome. Do not delay and do not give up. There is always hope for a better future. However, there are many reasons why you should hire Brett M. Rosen for your New Jersey DUI/DWI charge. Here are some of them:

If you are facing a New Jersey DUI/DWI charge, you need a lawyer who can protect your rights, defend your interests, and fight for your future. Brett M. Rosen is that lawyer.