Drunk Driving

The state of New Jersey takes an increasingly punitive approach to repeat DUI offenders.

Under N.J.S.A. 39:4-50, a driver convicted of a second DUI faces a jail term of up to 90 days, loss of their license for a period of two years, 30 days of community service, and a fine of up to $1,000.

You’ll also be required to have an interlock ignition device installed on your vehicle, at your expense, and pay to use it for two years.

DUI convictions are a big problem for drivers in New Jersey, but the allegation that you were drunk driving still requires the prosecution to prove its case.

There are many defenses against DUI charges, and in particular, against second DUI charges.

Attorney Matthew Reisig has successfully defended more than 1,000 New Jersey drivers against DUI charges, and can make a difference in your case.

Call 732-625-9661 today to speak to an experienced New Jersey Drunk Driving defense attorney for free.

If you’ve been arrested for drunk driving in New Jersey (N.J.S.A. 39:4-50), the good news is that you are not facing a criminal charge.

As such, a standard, first offense drunk driving where you blew below .10{74bbbd36a4df8b83bd1805c8c4f34bcc3063e84848f392c2fd8bb03fcdaa883e} on the Alcotest does not usually put you at risk of jail time, though judges do have the discretion to sentence you to up to 30 days.

The bad news is that New Jersey will make a drunk driving conviction both painful and expensive for you for many years to come.

If you are convicted of DUI, you’ll pay up to $400 in fines, spend up to 48 hours at the Intoxicated Driver Resource Center, and, possibly, spend up to 30 days in jail.

You’ll lose your license for three months and pay the DMV a surcharge of $1000 a year for the next three years, as well as various fines and fees that will be assessed upon conviction.

Your insurance rates will skyrocket as well, and you may lose your current policy entirely.

It doesn’t have to go this way. Matthew Reisig has helped more than 1,000 New Jersey drivers avoid conviction on DUI charges.

Call 732-625-9661 today to speak to an experienced New Jersey Drunk Driving and Criminal Defense attorney for free.

The New Jersey Supreme Court made an important ruling recently about the need for non-English speaking DWI offenders to understand the process of a breath test and potential repercussions for refusing it. Previously, there was no requirement for officers to translate or even try to deliver an understandable summary of the laws. Now, that has changed.

The case that made it to the state Supreme Court involved a non-English speaking man who was suspected of DWI. It was explained to him, in English, that refusing a breath test could result in additional charges and penalties. He didn’t understand and refused to take the test.

The court ruled that the suspect needs to understand the consequences of refusing. This means police will have to find ways to get the language they use translated in a manner that can be understood. According to USA Today, there are several options available for officers including a website and telephone number that can be accessed, providing an audio translation of the consequences.

The ACLU (American Civil Liberties Union) argued that Spanish speaking drivers cannot be expected to remember what was in the driver’s manual regarding breath tests while English speaking drivers are reminded when they are pulled over on suspicion of DWI. They pointed out that Miranda Rights and other such notifications are required to be translated as should be this notification.

Refusing to take a breath test is a serious matter. For your first offense, you will have your license suspended for 6 months. If this isn’t your first time, you could lose your driving privileges for up to 2 years for a second offense or 10 years for a third. This is in addition to any penalties you face for the DWI.

Though DWI’s are quite common this doesn’t mean they are any less serious. If charged with a DWI, you are looking at jail time, fines, and the loss of your license. When facing these charges, you need an attorney on your side willing to fight tirelessly in your defense.

If you are up against DWI charges, call me today. I can give you a free consultation and we can discuss the best way to handle your case.

It’s called a “professional courtesy” when an officer of the law is let off a traffic or other violation that would’ve garnered stricter attention with a regular citizen. Professional courtesies happen quite often between among the law enforcement community but rarely, it seems, when a criminal law has been broken. [Read more…] about New Jersey Trooper Driven Home More than Once After Drinking and Driving

New Jersey moved to toughen laws in 1st offense DWI cases where the defendant is guilty of driving with a high level of alcohol, indicating significant impairment. [Read more…] about New Jersey DWI Laws to Require Ignition Interlock