Summit, NJ DUI Charges: Expert Defense for Your Driving Under the Influence Case

Summit, NJ DUI Charges Attorney

Summit, NJ DUI Charges Attorney

Facing a Driving Under the Influence (DUI) charge in Summit, New Jersey, can be a daunting and stressful experience. The consequences are severe and can impact your life in profound ways. If you or a loved one is facing DUI charges in Summit, New Jersey, Brett M. Rosen is an excellent choice for your defense. Here’s why:

  1. Experience: With years of legal practice in both New York and New Jersey, Rosen specializes in criminal and civil litigation.
  2. Client Satisfaction: His clients praise his professionalism and effectiveness, describing him as “the example of a true winner” and “one of NJ’s finest attorneys”.
  3. Trial Skills: Rosen’s exceptional trial skills have been demonstrated in cases against current and former prosecutors, earning commendation from clients.
  4. High-Profile Cases: He has successfully handled high-profile cases, including representing celebrities and Grammy-Award-winning artists.
  5. Recognition: Brett M. Rosen has been recognized as a Rising Star by Super Lawyers.

For a free consultation and flexible payment options, reach out to Brett M. Rosen. Let him fight for you and protect your rights908-312-0368 & brett@nynjcriminalcivilesq.com

 

Understanding DUI Charges in Summit, NJ

In Summit, New Jersey, driving under the influence (DUI), also known as driving while intoxicated (DWI), refers to operating a motor vehicle while your ability to drive is impaired by alcohol or drugs. Summit, like the rest of New Jersey, adheres to strict DUI laws, and the consequences of a conviction can be life-altering.

Legal Limit: The legal blood alcohol concentration (BAC) limit for drivers over 21 is 0.08%. For drivers under 21, it’s 0.01%. However, even if your BAC is below the legal limit, you can still be charged with DUI if the police officer believes your driving is impaired by alcohol or drugs.

Penalties for DUI in Summit, NJ:

The penalties for DUI convictions in Summit depend on several factors, including your BAC level, prior offenses, and any aggravating factors (such as causing an accident or having a minor in the vehicle).

  • First Offense:
    • Blood Alcohol Content between 0.08 to 0.09
      • 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
    • Blood Alcohol Content between 0.10 to 0.14
      • 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
    • Blood Alcohol Content 0.15 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
  • Second Offense:
    • License suspension: up to 2 years
    • Fines: $500 – $1,000
    • Jail time: 2 – 90 days
    • IDRC program
    • Ignition interlock device requirement
  • Third or Subsequent Offense:
    • License suspension: 8 years
    • Fines: $1,000
    • Jail time: 180 days
    • IDRC program
    • Ignition interlock device requirement

Penalties Chart for DUI in Summit, New Jersey

OffenseBAC LevelFinesJail TimeLicense SuspensionIgnition InterlockIDRC Program
Insurance Surcharge
First Offense       
 0.08 – 0.09%$250 – $400Up to 30 daysUntil IID installed, then 3 months3 months12 hours
$1,000/year for 3 years
 0.10 – 0.14%$300 – $500Up to 30 daysUntil IID installed, then 7 months to 1 year7 months – 1 year12 hours
$1,000/year for 3 years
 0.15% or higherN/AN/A4-6 months, then 9-15 months after restorationDuring suspension & 9-15 months after restorationN/AN/A
Second OffenseAny level$500 – $1,0002 – 90 daysUp to 2 yearsYesYesYes
Third or Subsequent OffenseAny level$1,000+Up to 180 days8 yearsYesYesYes

Why Choose Brett M. Rosen, Esq. for Your Summit DUI Defense?

DWI Attorney Summit, New Jersey

  • Extensive DUI Experience: Attorney Rosen has a proven track record of successfully defending clients against DUI charges in Summit Municipal Court.
  • In-depth Knowledge of DUI Laws: We stay up-to-date on the latest changes in New Jersey DUI laws and regulations, ensuring you receive the most effective representation possible.
  • Meticulous Case Preparation: We thoroughly investigate every aspect of your case, leaving no stone unturned. We analyze police reports, witness statements, video evidence, and the results of field sobriety and breathalyzer tests to identify any weaknesses in the prosecution’s case.
  • Strategic Defense: We develop a customized defense strategy tailored to the unique facts of your case. We will challenge the legality of the traffic stop, the accuracy of field sobriety tests, and the reliability of breathalyzer results.
  • Strong Negotiation Skills: We are skilled negotiators and will work to obtain a favorable plea deal or reduced charges whenever possible.
  • Aggressive Courtroom Representation: If your case goes to trial, we will provide vigorous representation in court, fighting to protect your rights and driving privileges.

Defenses Against DUI Charges in Summit, NJ

There are several potential defenses available in a DUI case. The specific defenses that apply to your case will depend on the individual circumstances, but some common defenses include:

  • Challenging the Traffic Stop: If the police officer did not have a valid reason to stop your vehicle, such as a traffic violation or reasonable suspicion of DUI, we can argue that the stop was illegal, and any evidence obtained after the stop should be suppressed.
  • Field Sobriety Test (FST) Errors: FSTs are often subjective and can be influenced by various factors, such as fatigue, nervousness, or medical conditions. We can challenge the validity of the tests and argue that your performance does not necessarily indicate intoxication.
  • Breathalyzer Test Errors: Breathalyzer machines are not infallible. We can scrutinize the calibration and maintenance records of the device, the officer’s training, and the administration of the test to determine if the results are accurate and reliable.
  • Rising Blood Alcohol Content (BAC): If your BAC was rising at the time of the arrest but was still below the legal limit, it can be argued that you were not legally intoxicated while driving.
  • Alternative Explanations: We can investigate alternative explanations for your behavior, such as fatigue, illness, or the effects of prescription medications.

Frequently Asked Questions (FAQs) about DUI Charges in Summit, NJ

Q: What should I do if I’m pulled over on suspicion of DUI? A: Remain polite and cooperative, but exercise your right to remain silent. Do not admit to drinking or taking drugs, and politely decline to take any field sobriety tests. Ask for a lawyer immediately.

Q: What are the consequences of refusing a breathalyzer test? A: Refusing a breathalyzer test will result in an automatic license suspension, even if you are not convicted of DUI. However, your attorney may be able to challenge the refusal in court.

Q: Can I get my DUI charges dismissed? A: While dismissal is possible, it depends on the specifics of your case. An experienced attorney can evaluate the evidence and advise you on your chances of success.

Q: How much does it cost to hire a DUI lawyer in Summit? A: Attorney fees vary depending on the complexity of the case and the experience of the attorney. We offer free consultations to discuss your case and our fees.

Q: Will a DUI conviction affect my job? A: A DUI conviction can have serious consequences for your employment, especially if your job involves driving or requires a professional license.

Additional FAQs

  • Can I refuse a breathalyzer test in New Jersey?
    • New Jersey has an “implied consent” law, meaning that by driving in the state, you automatically consent to a breathalyzer test if lawfully arrested for suspicion of DUI. Refusing a breathalyzer can lead to separate penalties, including a license suspension.
  • What are the local courts I might have to appear in for a DUI in Summit?
    • DUI cases in Summit are typically handled by the Summit Municipal Court.
  • What are the penalties for a second or subsequent DUI offense in Summit?
    • Penalties for repeat DUI offenses in New Jersey are significantly harsher and can include increased fines, longer license suspensions, mandatory installation of an ignition interlock device, and extended jail time.
  • What is the legal blood alcohol concentration (BAC) limit in New Jersey?
    • The legal BAC limit in New Jersey is 0.08%. If you are caught driving with a BAC at or above this limit, you can be charged with Driving While Intoxicated (DWI). However, keep in mind that if you blow below 0.08%, a Summit Police Officer can still charge you with a DWI. 
  • What should I do if I am pulled over for suspicion of DUI in Summit?
    • It is crucial to remain calm and polite. You have the right to remain silent and to request an attorney. Do not answer any questions or perform any field sobriety tests without first consulting with an attorney.

Don’t Face DUI Charges Alone – Contact Us Today

If you are facing a DUI charge in Summit, NJ, don’t hesitate to seek experienced legal counsel. Brett M. Rosen, Esq., is here to help you understand your rights, explore your options, and fight for the best possible outcome.

Call 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule your free and confidential consultation.