Mullica DUI/DWI Defense Lawyer

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Driving while intoxicated (DWI) is a pretty serious charge that can come with equally serious penalties. The more DWIs you have on your driving record, the worse the penalties become. A second DWI could take a huge toll on your life. While being charged with a DWI can feel overwhelming, you have the right to defend yourself, and our lawyer can help you.

Police officers can pull over drivers on any public road or highway. In Mullica Township, there are only a few main roads, and you should always exercise caution on these roads. It is also important to know these roads because the authorities might set up DWI checkpoints there. The consequences of a DWI might be more severe than you realize. If you have a history of DWIs or your BAC is especially high, your penalties might be quite harsh and come with lasting consequences. Chemical testing will likely come up after you are arrested, and you should talk to your lawyer about how you were tested and whether you refused to test.

Get in touch with our DWI attorneys by calling the Lombardo Law Group at (609) 418-4537 and asking for a free initial case assessment.

Where You Might Be Stopped for a Suspected DWI in Mullica Township, NJ

Mullica Township is a somewhat rural area with only so many roads and highways. As such, it is somewhat predictable where people may be pulled over by the police. Knowing where and how you were stopped may be the first step our DWI lawyers take to determine the best defense for your case.

U.S. Route 30, also known as White Horse Pike, is perhaps the largest highway that runs through the area. It is a main arterial highway many people use to get to Mullica Township or simply pass through. It runs by the neighborhood of Magnolia and connects to various other roads and highways.

Columbia Road connects U.S. Route 30 to Nesco Road and the neighborhood of Wescoatville. You will likely have to take one or both of these roads to access this area of Mullica Township. You might instead be driving on Elwood-Weekstown Road on your way to Weekstown when you are pulled over. While these areas are somewhat rural, the police still patrol these roads and highways. People sometimes think that the police do not bother to watch these roads, and they might do something dumb like have a few drinks before driving home. This is a bad idea, and you are likely to be pulled over on any of these roads. Additionally, if the authorities decide to set up DWI checkpoints, they will likely do so on these roads because more people use them.

Possible Consequences of a DWI in Mullica Township, NJ

According to N.J.S.A. § 39:4-50(a), a whole host of legal penalties may be imposed for a DWI. First, the degree of the penalties depends largely on two factors: your history of DWIs and BAC measurements. If this is your first DWI, the penalties may be on the lower end of things. In some cases, defendants facing their first ever DWI do not even lose their driver’s licenses. Defendants charged with a second, third, or subsequent offense may face increasingly harsher penalties.

License suspensions are one of the more inconvenient penalties for a DWI. Most people find themselves entirely dependent on others when they can no longer drive themselves around. Exactly how long you lose your license depends on the situation. For example, for many first-time DWIs, judges do not have to impose a license suspension, and some defendants do not lose their license. However, a more serious DWI, such as a third offense, may lead to an 8-year license suspension.

In addition to the loss of driving privileges, you may face steep fines. You might have to pay as little as a few hundred dollars for a first-time offense or as much as $1,000 for a more severe case. On top of that, there is a possibility of jail time. Again, first-time offenders do not always face this penalty as it is within the judge’s discretion to impose it. However, more serious DWIs often come with a minimum jail term. At the shortest, you might only spend a couple of days in jail. However, you might be sentenced to up to 180 days, which is just about 6 months.

What Happens When a Driver is Chemically Tested for a DWI in Mullica Township, NJ

Chemical testing, including breath tests, is a regular part of most DWI cases. After you are arrested, chemical testing is legally required, and additional penalties may be imposed on those who refuse. However, there are rules regarding how the authorities may conduct chemical testing. If these rules are violated, our team may be able to help you exclude evidence of your BAC.

Mandatory Testing

Chemical testing may be done at various points in the DWI process. If the police ask you to submit to testing using a portable breath test device, usually before you are arrested, you may refuse. Even if you do not, the results of the portable test are inadmissible in court. However, according to N.J.S.A. § 39:4-50.2(a), chemical testing is mandatory after arrest. This is known as the implied consent law. All drivers are legally considered to have given consent to chemical testing simply by operating a vehicle on public roads.

While chemical testing is mandatory after arrest, the police cannot force you to comply. If you were forced or coerced, tell your lawyer. The BAC measurements may have been taken in violation of your rights, and we can ask the court to exclude them from the case.

Penalties for Refusal

Under § 39:4-50.4a(a), refusal to submit to chemical testing may lead to additional charges and penalties separate from the DWI. This means that even if the DWI is somehow dropped, dismissed, or you are acquitted, the charges for refusal may still stand. For a first offense, you might lose your license until you install an ignition interlock device in your car. For subsequent offenses, the duration of your license suspension may increase. For example, a second offense may lead to a license suspension of at least 1 year and up to 2 years. A third offense may lead to an 8-year suspension.