DUI Attorney Plainfield, NJ

DUI Attorney Plainfield, NJ

Don’t Let a DUI Derail Your Life: Your Comprehensive Guide to DUI Defense in Plainfield, NJ

In New Jersey, driving under the influence (DUI) is a serious offense with potentially life-altering consequences. If you or a loved one have been charged with a DUI in Plainfield, NJ, understanding the legal complexities, potential penalties, and available defense strategies is crucial. At the Law Offices of Brett M. Rosen, Esq., we are dedicated to providing aggressive and compassionate legal representation to those facing DUI charges in Plainfield and throughout Union County. 

Understanding DUI Laws in New Jersey

New Jersey has some of the strictest DUI laws in the country. You can be charged with a DUI if:

• Your blood alcohol concentration (BAC) is 0.08% or higher. This is the legal limit for most adult drivers in New Jersey.
• You are under the influence of drugs to the point where it impairs your ability to drive safely. This includes both illegal drugs and prescription medications that can affect your driving ability.
• You are under 21 years old and have any detectable amount of alcohol in your system. New Jersey has a zero-tolerance policy for underage drinking and driving.

Even if your BAC is below the legal limit, you can still be charged with a DUI if the police officer has reason to believe that you are impaired by alcohol or drugs and unable to drive safely.

Penalties for DUI in Plainfield, NJ

The penalties for a DUI conviction in New Jersey are severe and can include:

• Fines: Ranging from $250 to $1,000 or more, depending on the offense and prior convictions.
• Jail Time: Potential jail time, ranging from a few days to several months, depending on the offense and prior convictions.
• License Suspension: Mandatory license suspension, ranging from 3 months to 10 years, depending on the offense and prior convictions.
• Ignition Interlock Device (IID): Required installation of an IID in your vehicle, which prevents the car from starting if your BAC is above a certain level.
• Intoxicated Driver Resource Center (IDRC) Program: Mandatory attendance at an IDRC program, which includes education and counseling on alcohol and drug abuse.
• Community Service: You may be required to perform community service hours.
• Increased Insurance Premiums: A DUI conviction can lead to a significant increase in your auto insurance premiums.
• Other Consequences: A DUI conviction can also have long-term consequences, such as difficulty finding employment, obtaining professional licenses, or securing housing.

Why Choose Brett M. Rosen, Esq. as Your Plainfield DUI Attorney?

When your driving privileges and future are at stake, you need an experienced DUI attorney who will fight tirelessly to protect your rights. Brett M. Rosen, Esq., and his team offer:

• Extensive DUI Defense Experience: We have a proven track record of success in defending clients against DUI charges in Plainfield and throughout Union County.
• In-Depth Knowledge of DUI Laws & Procedures: We stay abreast of the latest developments in DUI law and are intimately familiar with the local court procedures, judges, and prosecutors in Plainfield.
• Personalized Attention & Aggressive Advocacy: We understand that every DUI case is unique. We take the time to listen to your story, understand your concerns, and develop a personalized defense strategy tailored to your specific circumstances. We fight aggressively to protect your rights and achieve the best possible outcome.
• Focus on Minimizing Consequences: We are committed to helping you avoid or minimize the penalties associated with a DUI conviction, including jail time, fines, and license suspension. We’ll explore all available options, including plea bargaining, alternative sentencing, and challenging the evidence against you.

Potential Defenses in DUI Cases

Every DUI case presents unique circumstances, and the defense strategies employed will depend on the specific facts and evidence involved. Some common defenses that we may utilize in your case include:

• Challenging the Traffic Stop: If the police officer lacked reasonable suspicion or probable cause to stop your vehicle, we can argue that the stop was illegal and any evidence obtained as a result should be suppressed.
• Questioning Field Sobriety Tests: Field sobriety tests (FSTs) are subjective and can be influenced by factors such as fatigue, nervousness, medical conditions, or even the officer’s instructions. We can challenge the administration and interpretation of FSTs to cast doubt on their accuracy.
• Disputing Breathalyzer Results: Breathalyzer tests are not foolproof. Many factors can affect their accuracy, including improper calibration, maintenance issues, or the officer’s failure to follow proper procedures. We will meticulously examine the breathalyzer results and challenge their admissibility if necessary.
• Attacking Blood Test Results: Although generally considered more reliable than breathalyzer tests, blood tests can also be subject to errors in collection, handling, and analysis. We will scrutinize the lab procedures and the qualifications of the technicians involved to ensure the accuracy and reliability of the results.
• Rising Blood Alcohol Defense: If your BAC was rising at the time of the arrest, we may argue that your BAC was below the legal limit when you were actually driving.
• Medical Conditions: Certain medical conditions, such as diabetes, acid reflux, or neurological disorders, can mimic the signs of intoxication. We can present evidence of any pre-existing medical conditions that may have affected your performance on field sobriety tests or breathalyzer/blood test results.
• Mouth Alcohol: If you recently used mouthwash, breath spray, or consumed certain foods or drinks, it can temporarily elevate your breathalyzer reading. We can investigate whether mouth alcohol contributed to a false positive result.
• Lack of Miranda Warnings: If the police failed to advise you of your Miranda rights (the right to remain silent and the right to an attorney) before questioning you, any incriminating statements you made may be inadmissible in court.

Frequently Asked Questions About DUI Charges in Plainfield, NJ

1. What should I do if I get pulled over for suspicion of DUI?

• Stay calm and be polite: Cooperate with the officer’s requests for your license, registration, and insurance.
• Exercise your right to remain silent: Avoid answering any questions about your alcohol or drug consumption.
• Request an attorney: Politely inform the officer that you wish to speak with an attorney before answering any further questions.
• Contact Brett M. Rosen, Esq.: Reach out to us as soon as possible for immediate legal guidance and representation.

2. Can I refuse to take a breathalyzer test?

• You can refuse a breathalyzer test in New Jersey. However, refusal will result in an additional charge, possible license suspension, and can be used against you in court.

3. What are the consequences of a DUI conviction on my insurance rates?

• A DUI conviction will likely lead to a significant increase in your auto insurance premiums. In some cases, your insurance company may even cancel your policy altogether.

4. Can I get a DUI expunged from my record?

• Unfortunately, DUI convictions in New Jersey are not eligible for expungement. However, after a 10 year period, you may be able to obtain a step-down where if you’re charged with a DUI again it can be treated as a first offense. 

5. What is the difference between a DUI and a DWI in New Jersey?

• In New Jersey, DUI and DWI are essentially the same offense. Both refer to driving under the influence of alcohol or drugs.

6. Can I be charged with a DUI even if my BAC is below the legal limit?

• Yes, you can be charged with a DUI even if your BAC is below 0.08% if the police officer has reason to believe that you are impaired by drugs or alcohol and unable to drive safely. The officer’s observations of your driving, your performance on field sobriety tests, and your overall demeanor can all be used as evidence of impairment.

7. What happens if I’m convicted of a DUI while my license is suspended?

• If you’re convicted of a DUI while your license is already suspended, you will face additional penalties, including longer license suspensions and potentially jail time.

8. Can I still drive if my license is suspended for a DUI?

• No, driving with a suspended license is a separate offense that can result in further penalties, including fines, jail time, and an even longer license suspension. It’s crucial to comply with any license suspension orders and seek alternative transportation options during this time.

9. What is the Ignition Interlock Device (IID) requirement?

• An IID is a breathalyzer device installed in your vehicle that prevents it from starting if your BAC is above a certain level. After a DUI conviction, you may be required to install an IID in your vehicle as a condition of regaining your driving privileges.

10. What are some alternatives to jail time for a DUI conviction?

• Depending on the circumstances of your case and your prior record, you may be eligible for alternative sentencing options, such as probation, community service, or participation in a drug or alcohol treatment program. An experienced DUI attorney can advocate for these alternatives on your behalf.

Additional FAQs:

11. Can I be charged with a DUI if I was driving under the influence of prescription medication?

• Yes, you can be charged with a DUI even if your BAC is below the legal limit. If the medication impairs your ability to operate a motor vehicle safely, you could still face charges. It’s important to consult with an attorney if you are unsure about the effects of your medication on your driving ability.