Monmouth County DUI Attorneys
DUI Law Firm in New Jersey
New Jersey DUI laws do not discriminate. If you get pulled over and the police officer has a reason to suspect you are under the influence, you may very well be charged with drunk driving. Don’t panic. With a knowledgeable traffic lawyer on your side, you may be able to beat the charges or possibly get them reduced, saving you money, points, and possibly your license.
The skilled criminal defense and DUI attorneys at Shebell & Shebell can assist you with your DUI charges. We know how a DUI conviction can deeply affect your life. If your license is suspended, commuting to work can be difficult and insurance premium surcharges may be cost-prohibitive. Don’t try to fight these charges alone. Our firm has been helping NJ residents since 1927. We will work hard for you in an effort to get your charges reduced or dismissed entirely. Contact Shebell & Shebell.
New Jersey DUI Laws
In New Jersey, DUI violations are governed under N.J.S.A. 39:4-50 and variant subsequent statutes. If you are stopped for DUI, the officer may want to administer a breath test to determine whether you truly are driving under the influence of alcohol. The legal limit for BAC (blood alcohol content) in New Jersey is 0.08 percent. If your BAC exceeds that limit or if the officer believes you are under the influence of alcohol or drugs, including prescription drugs, you could be charged with DUI. Further, if your BAC is above 0.10 percent, you face enhanced penalties.
You are required to take a breath test. Failure to do so will likely result in a DUI charge as well as the additional charge of refusal. The refusal charge carries its own penalties that may run consecutively to the DUI penalties. In the absence of a breath test, the officer’s observations will be admissible in court as evidence that you were driving under the influence. Field sobriety tests and breath tests are sometimes unreliable and we can challenge the results to get your charges reduced or dismissed.
New Jersey DUI offense penalties
In New Jersey, a DUI is a traffic violation, not a criminal offense. However, a drunk driving charge carries penalties far more severe than other traffic violations. Depending on how many prior convictions for DWI you’ve received, you could be facing jail time, loss of license, stiff fines and more.
- First offense DUI – In addition to jail time, heavy fines, and loss of your driving privileges, you may be ordered by the court to install an ignition interlock device on your car and attend alcohol education classes at the Intoxicated Driver Resource Center (IDRC). Collateral consequences of a DUI conviction include higher insurance rates and Motor Vehicle Commission (MVC) surcharges.
- Second offense DUI – A conviction for a second DUI offense can result in enhanced penalties, including a jail sentence of 90 days, driver’s license suspension for two years, a $1,000 fine, $3,000 in automobile surcharges, up to 48 hours of mandatory attendance at alcohol education classes, 30 days of mandatory community service, and a requirement to install an ignition interlock device on their vehicle.
- Third offense DUI – A third DUI conviction within a 10-year period can lead to a sentence of 180 days in jail, loss of your driving privileges for 10 years, a $1,000 fine, $4,500 in automobile surcharges, up to 48 hours of mandatory attendance at alcohol education classes, and required installation of an ignition interlock device on your car if you are fortunate enough to regain your driving privileges.
Other related charges that can result in enhanced penalties include:
- Refusal to submit to breath testing
- Driving while intoxicated near a school
- DUI with a minor in the vehicle
- Driving with a license suspended due to a DUI
- DUI drug charges
New Jersey DUI defenses
The criminal and DUI defense team at Shebell & Shebell, LLC includes a former public defender with the Essex County Public Defender’s Office, a deputy public defender in Hudson and Monmouth counties, a former presiding judge in the Appellate Division of the Monmouth County Superior Court, and a longtime assistant prosecutor in Monmouth County. Our unique set of credentials gives us insight into how the other side will handle your case. This allows us to raise a number of advanced defenses on your behalf, including:
- Invalid traffic stop – The police must always have a legitimate reason for pulling you over. For example, a police officer is not supposed to be able to pull you over for simply weaving inside your lanes. You must actually have crossed the lanes in order to give the officer probable cause to stop you.
- No probable cause for arrest – We will also look over the details of your case to determine whether the officer had sufficient cause to arrest you.
- Failure to Mirandize – The arresting officer must issue Miranda warnings prior to taking you into custody. If the officer failed to notify you of your constitutional right not to make self-incriminating statements, we may be able to contest the admission of those statements.
- Procedural error – If the police committed a procedural error during or after your arrest, we may be able to get the evidence against you suppressed.
- Challenge evidence – We know how to recognize internal errors in the testing devices. We will highlight for the court any potential errors in the testing equipment.
- Challenge witnesses – Since the credibility of the arresting officer is crucial to the prosecution, we will attempt to undermine the officer’s testimony.
- Poor weather conditions – We may be able to present compelling evidence that poor weather or roadside conditions were responsible for your erratic driving or inability to properly perform field sobriety tests.
Contact a Monmouth County DUI Defense Law Firm
In New Jersey, drunk driving cases are heard before a judge, not a jury. An experienced drunk driving lawyer can take advantage of the NJ DUI trial procedure to help you beat your drunk driving charges. Even if you’ve already been convicted of a DUI, the good news is that you still have a chance to appeal your conviction. However, you have just 20 days to appeal your conviction, so there is no time to waste in contacting an attorney.
When you contact Shebell & Shebell, you will speak directly with a knowledgeable DWI attorney who understands the finer points of New Jersey DWI law. Our experienced DWI lawyers will look over your file and help you set goals for your case. We know that people occasionally make mistakes, which is why we will fight to keep your record clean and help you resolve this issue. Contact Shebell & Shebell.