DUI

Do you need a DUI attorney? Were you caught driving under the influence and are unsure about what the next steps are or what the consequences may be? You will need a professional and experienced DUI attorney to help you sort things out.

There are minor to severe penalties for driving under the influence. Some hefty fines and stipulations accompany both alcohol and drugs. Here are some of the penalties in New Jersey.

DUI Penalties in New Jersey

Time behind bars

For a first conviction, jail time could be 30 days. Those convicted for a second time face 90 days in jail; those sentenced for a third time face 180 days. Inpatient rehab programs may be able to reduce your jail term in some cases.

Intoxicated Driver Resource Center (IDRC)

All drivers convicted of DUI must spend 12 to 48 hours in an IDRC. There is a fee for this program. 

A device that locks the ignition

N.J.S.A. 39:4-50.17 requires all drivers convicted of DUI to get ignition interlock devices installed in their cars. 

You will have to blow into the machine to operate your vehicle with an interlock device. The car won’t start if you have a blood alcohol content of over 0.05%. In addition, the car will randomly test you while it is moving by having you blow into the device. After each breath test, the device records the results. After testing, if a BAC higher than 0.05% is detected, you will have to pull off the road and park.

You’ll need to lease a device authorized by the MVC once you have a DUI conviction. Most leases cost $75 to $100 per month. You’ll also be required to pay $250 to $400 for installation, plus a fee to remove the device. The interlock device will need to be calibrated regularly by your installer, usually every two months. The data will be uploaded and sent to the State of New Jersey during that time. 

DUI

Revocation

A conviction with a blood alcohol content (BAC) under 0.10% can carry a three-month suspension unless an interlock is installed, while a BAC of 0.10% or more can carry a 7-12 month month suspension unless an interlock is installed 

Second or subsequent DUI convictions lead to a suspension of one to two years, while a third or subsequent DUI conviction means an 8-year hiatus, regardless of blood alcohol concentration.

After your suspension ends, you will also have to pay a $100 fee to restore your license. The police can charge you with driving on a suspended license if you don’t pay.

Additional fines may also apply. The penalty for a DUI is $250 to $1,000. Drivers convicted of DUI must pay a separate fine, known as a “surcharge,” to the New Jersey Motor Vehicle Commission. Depending on the duration of the surcharge, it can range from $1,000 per year to $1,500 per year (or $4,500 total). 

Volunteer services

Second-time DUI offenders must perform community service for 30 days. In addition to community service, young people convicted of DUI must also serve 15 to 30 days. In other cases, community service may be a form of penalty.

Possible Defenses

Your case started when the arrest for the violation took place. However, you can have an attorney represent your case in court. Having someone on your side who will fight for you is a must. There are considerations, like:

  • Your right to a speedy trial – In New Jersey, the State has a certain amount of time to prosecute; otherwise, the judge will dismiss the case.
  • Challenging field sobriety conditions – Did the officer give the instructions correctly? How rocky or flat was the surface where you were standing? How was the weather? Were you sick or did you have any physical condition that can limit your ability to do a field sobriety test?
  • The 20-minute observation period – Before the officer gives you the alcotest, they must observe you for 20 minutes. If there is any disruption, such as using the restroom, the 20-minute period must start over. If this is incorrect, the evidence is not admissible in court.
  • Discovery of Evidence – The prosecution must provide ALL evidence in the case.
  • Traffic Stop Without Probable Cause – If bodycams can show that there wasn’t a reason to stop you in the first place, your case may be thrown out.

Give Us A Call!

There are several possible defenses for your case. As long as you have an experienced DUI attorney on your side, you have a much better chance of having your case dropped. The Law Offices of Leon Matchin are ready to go to bat for you. 

Send us an email or call today, and we will contact you as soon as possible to set up your free consultation. 

Phone number: 732-887-2479

Email: [email protected]