Welcome To Garden State DUI
Here are a few Frequently Asked Questions About DUI or Driving While Intoxicated (DWI) in New Jersey
A DWI or DUI conviction is a serious offense and could cost you thousands of dollars, tarnish your driving record forever, and even lead to jail time. After you or a loved one has been arrested, you probably have a lot of questions about what happens next. Andrew Carroll, Garden State DUI attorney is here to address all your concerns.
Legal Steps to when pulled over for DUI:
Be respectful to the officer of the law; be courteous and avoid arguments with the officer.
Do not give consent to police officer for carrying out any vehicle search. A police officer needs a search warrant in order to search your vehicle.
What Does DWI/DUI Mean in New Jersey?
If you are driving a vehicle and a police officer suspects you of driving under the influence of alcohol or drugs (whether prescription, Over The Counter or illegal) you may be asked to perform field sobriety tests during the traffic stop and/or asked to take a Breathalyzer test. If the breath test shows your Blood Alcohol Concentration (BAC) is 0.08 percent or more, you can be charged with DWI. In New Jersey, there is no difference between DWI and DUI.
What If My BAC Is Less Than 0.08 Percent?
Police throughout New Jersey can charge you with DWI if you consumed any amount of alcohol that impairs your driving. And, if you are under age 21, you will be charged if you drive with any alcohol in your system at all—even as little as 0.01 percent. New Jersey has a zero tolerance policy for underage drivers regarding DWI.
What If I Was High, But Not Drunk?
You can be charged with DWI for driving under the influence of illegal drugs. You might even be arrested on suspicion of DWI if you were taking a legal drug with a valid prescription. A violation is treated the same as driving with a BAC of 0.10 percent. Even though an Alcotest may show there is no alcohol in your system, the police will likely request a urine or blood sample to test for drugs. You have the right to refuse these tests. If you do refuse, the police must get a warrant to conduct the blood test.
What Are the Penalties for a First DWI Conviction in New Jersey?
If your BAC was 0.08 percent or higher, but less than 0.10 percent, the drunk driving penalties for a first offense are:
– $250 to $400 fine
– Imprisonment for up to 30 days
– Drivers’ license suspension for three months
– Attendance at an Intoxicated Driver Resource Center (IDRC) for at least six hours a day for two consecutive days
– $1,000 per year automobile insurance surcharge, for three years
If your BAC was 0.10 percent or higher, or if your driving was impaired by drugs, two of the penalties increase:
– The fine increases to $300 to $500
– You may lose your driver’s license suspension for between seven and 12 months
– If your BAC was 0.15 percent or higher, the judge can also order an ignition interlock device installed on your car for up to three years after your license is restored. The device costs $75 to $100 per month, plus installation fee.
What Are the Penalties for a Second New Jersey DWI Conviction?
– $500 to $1,000 fine
– Imprisonment for up to 90 days
– Suspension of your driver’s license for two years
– Detainment for 48 hours in an IDRC
– A $1,000 per year automobile insurance surcharge, for three years
– Installation of an ignition interlock device for up to three years after your license is restored
Can I Refuse a Field Sobriety Test in New Jersey?
Yes, you can refuse a field sobriety test in New Jersey. However, if you choose to refuse the tests, the officers are likely going to arrest you and charge you with suspected DWI.
We have been providing expert legal advice to clients across New Jersey and Pennsylvania. If you or a family member are being charged or accused with DUI in New Jersey or Pennsylvania, we can help you in various defense strategies regarding your freedom and serious legal consequences. Do NOT try and defend yourself in court.
Call Andrew Carroll, Garden State DUI 24/7. We represent clients for DUI and DWI as well as traffic violations in New Jersey and PA, (609) 400-1302.
Garden State DUI
427 N Packard St, Suite 1B
Hammonton, NJ 08037