Driving while intoxicated with alcohol or drugs could lead to severe consequences, such as losing driving privileges and freedom. Even after serving a sentence, a DUI/DWI conviction can have long-lasting effects on a person’s life.
Preparing your defense promptly, whether it is your first DUI/DWI offense or you have prior convictions, is crucial. Each DUI/DWI case is unique, and employing various strategies can aid in decreasing the charges against you. Collaborating with our team will increase your chances of avoiding jail time and reducing the duration of your driving license suspension.
For a free evaluation of your case, contact our DUI/DWI defense attorneys at the Lombardo Law Group at (609) 418-4537.
How DUI and DWI Are Defined in Northfield, NJ
The charge of drunk driving is often referred to as “driving under the influence” (DUI), and some people might also know it as “driving while intoxicated” (DWI). Although these are separate charges in Northfield and New Jersey, they are essentially treated the same under N.J.S.A. § 39:4-50. Fortunately, our DUI/DWI defense lawyers can help you regardless of the charge you are facing. Being charged with DUI and DWI can have significant consequences on your life, and you could be exposed to the full force of the state’s punishment without legal counsel.
Driving under the influence can be charged for a variety of reasons. A person can be charged with DUI if they are found to be driving while under the influence of an intoxicating substance. This can include alcohol, as well as other drugs or substances that can impair a person’s ability to drive safely. It is important to note that DUI can be charged even if the driver was under the influence of a legal prescription, such as an opioid or sleep aid like Ambien. Similarly, driving under the influence of an illegal narcotic can also result in a DUI charge.
If a person is caught driving under the influence of alcohol, they might be charged with driving while intoxicated. Our defense attorneys can protect your rights throughout your case, whether you have been charged with DUI or DWI. It is important to begin preparing a defense as soon as possible to determine if the charges are justified and to investigate any weaknesses in the prosecution’s evidence against you. We can file motions to have illegally seized evidence suppressed in your case if necessary.
Consequences You Could Face for DUI and DWI in Northfield, NJ
In Northfield, the charges for DUIs and DWIs are similar, and a conviction might result in comparable penalties. For a first offense, presenting mitigating arguments could potentially help reduce charges. However, if a person has prior DUI/DWI convictions, they might face more severe consequences, which could include being sentenced to jail.
Consequences for Refusing a Breathalyzer Test
It is important to note that if you refuse to take a breathalyzer test when asked by the police, you might face penalties. In New Jersey, all drivers implicitly agree to undergo a breathalyzer test in exchange for the privilege of having a driver’s license. Therefore, if a police officer asks you to take a breathalyzer test, it is mandatory that you comply, or else you might face certain consequences.
Some individuals believe that by refusing a breathalyzer test, they can avoid the consequences associated with a DWI/DUI charge. Unfortunately, this is not true. Refusing to take a breathalyzer test can lead to penalties that are equal to those imposed in a DWI/DUI case. Because your refusal is a matter of fact, the penalties will most likely be automatically enforced. Unlike a typical DWI/DUI case, there is little to no opportunity to dispute a refusal to take a breathalyzer test. The consequences for refusing could include a potential suspension of your license for up to seven months, as well as fines ranging from $300 to $500.
Consequences for First-Time Offenses
The consequences for a first-time offense are determined by the driver’s blood alcohol concentration (BAC) at the time they were arrested. In New Jersey, the legal BAC limit is 0.08%. If a driver’s BAC is 0.08% or higher, they will be charged with drunk driving. For a first-time offense, a driver with a BAC over 0.08% but less than 0.10% will usually receive a fine of $250 to $400. However, a judge might also impose up to 30 days of jail time. Additionally, losing your license is very likely.
If a driver is convicted with a BAC over 0.10%, the fines increase to between $300 and $500. Jail time and the installation of an interlock ignition device might also be imposed. Your license can be suspended for several months. If a driver’s BAC is 0.15% or higher, they can face all of the aforementioned penalties plus a license suspension of four to six months.
Convicted defendants face even harsher license suspensions if they are found guilty of driving under the influence of drugs. A first-time DWI conviction involving drugs can result in a minimum seven-month license suspension, up to a year. The defendant might also be fined hundreds of dollars and could be sentenced to jail.
Everyone makes mistakes. If this is your first offense, there might have been extenuating circumstances that led you to commit a DWI. While it is never the right choice, it might be possible to argue for mitigating circumstances in an attempt to reduce the penalty.
Consequences for Multiple Offenses
Avoiding the consequences of multiple DWI/DUI convictions is increasingly challenging. The court is less tolerant of repeated reckless conduct and can impose up to 90 days of imprisonment for a second DUI or DWI conviction. Additionally, you might be obligated to pay fines ranging from $500 to $1,000 and have your license suspended for one to two years.
If a person is convicted of more than two DUI/DWIs, the punishment will be more severe, with fines of at least $1,000 and an eight-year license suspension, as well as a possible six-month jail sentence. On the other hand, acknowledging a serious problem after multiple DWI/DUI arrests can be beneficial. In some cases, the prosecution and court might agree to reduce the sentence to only 90 days in jail if the offender agrees to join an approved program for alcohol or drug rehabilitation.
What to Expect During a DUI/DWI Stop in Northfield, NJ
When you get pulled over by the police, it might not start as an investigation for drunk/drugged driving. Instead, police often pull drivers over for something else that they observed – such as running a stop sign or speeding – and then, while speaking to them, begin a DUI/DWI investigation. It is important to understand what might happen during a drunk driving stop so that we can compare your situation to this “normal” situation and find potential flaws and problems with the police officer’s actions that we can use to shut down the case against you:
Initial Stop
As mentioned, the initial stop is often based on some other observations the officer made that constitute an independent traffic violation. If they pull you over for that, they can talk to you and begin an investigation for a potential DUI/DWI. If, instead, they pull you over under suspicion of drunk/drugged driving, the officer must have “reasonable suspicion” of your intoxication/drug use before being able to stop you.
When the officer pulls you over, expect them to ask you for your license, registration, and proof of insurance. You will have to produce this or else face potential tickets for these violations as well.
Officer’s Observations
Officers will be on the lookout for signs of intoxication and drug use. For example, they will smell for the odor of alcohol on your breath or burnt marijuana. Additionally, they will look for bloodshot eyes, constricted or dilated pupils, slurred speech, slow movement, poor motor control, delayed reactions, and other signs that you are not sober.
Police officers usually will not note that they have observed these things out loud unless they are trying to convince you to admit to drinking (e.g., “Just tell me how much you’ve had to drink; I can smell the alcohol on your breath.”)
Interrogations/Questions
Police will often interrogate or question you about your potential drunk/drugged driving at two separate times: during the stop and after arrest. If they ask you questions after arresting you while you are already in custody, they must read you your Miranda rights, or else the interrogation is illegal. The same is not true for questions during the stop.
During a traffic stop, before arresting you, the police can ask you questions without warning you that you have the right to remain silent and the right to an attorney. You are under no obligation to answer their questions, but officers will often become agitated if you stonewall them. Consider saying that you will not answer questions without your lawyer and declining questions about how much you have had to drink, where you were coming from, and where you are driving to. In general, the less you say, the better.
Field Sobriety Tests
Police cannot make you take field sobriety tests, but they will usually ask you to perform three standard tests. If you decline, it might make the officers upset, but they cannot force you to do them, especially if you have a medical condition that might interfere with the efficacy of the test. Our DUI/DWI defense lawyers can challenge the officer’s testimony about how the tests were administered. If there were issues with the test administration, we may be able to get the test results thrown out as unscientific.
Breath Tests
As mentioned, it is illegal to refuse a breathalyzer test in NJ, but this is only for the post-arrest breathalyzer. Police will often administer two breath tests: a presumptive or portable breath test (PBT) during the traffic stop and a more accurate chemical breath test from a Breathalyzer, Alcotest, or other approved chemical breath testing machine after the arrest.
The PBT’s numerical result is not usually admissible as evidence, and the officer can only use it to help them determine whether there is alcohol in your system, building on their probable cause for a drunk driving arrest. Unlike the post-arrest testing, you can refuse to take a PBT without legal consequences, though the officer might still give you a hard time for refusing.
If you are being investigated for a drug DUI, then a breath test will not be helpful except to rule out a combination of drugs and alcohol. Police will often request blood testing after arrest instead, which is also illegal to refuse without consequences.
Arrest
When assessing whether an arrest is “normal” or not, the analysis is fact-specific. Officers may be allowed to use force, and it is difficult to tell when a case involves excessive force without examining the specific facts, bodycam and dashcam footage, and other evidence.
In any case, another analysis will involve looking at the evidence the police had to arrest you. If it was lacking, it is possible the arrest could be illegal, and all evidence obtained because of the arrest – e.g., breath test results – should be inadmissible.
Our Northfield, NJ DUI/DWI Defense Lawyers Can Help
Call the Lombardo Law Group at (609) 418-4537 today to receive a free case assessment with our DUI/DWI defense lawyers.
