DUI/DWI Articles:
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Mr. Redden has helped hundreds of people charged with DUI/DWI in South Jersey
What is a DUI/DWI in New Jersey?
First, New Jersey doesn’t distinguish between a DUI and DWI. The terms
are interchangeable, so a DUI is a DWI and vice versa.
You can be charged with a DUI in New Jersey in several ways:
1. Your blood alcohol concentration level (BAC) is above.08%, which is called a per se violation.
2. You’re operating a boat with a BAC above .08%
3. You’re underage (under 21) and your BAC is .01% or above.
4. You have a Commercial Drivers License (CDL) and your BAC is above .04%
5. You fail Field Sobriety Tests. Even if there is no BAC reading, you can
still be charged with DUI, if you fail to properly perform standardized
field sobriety tests (FST), such as the One-Leg Stand, Walk and Turn
and HGN.
6. You can be charged with a DUI in New Jersey if you allow someone
who is intoxicated to drive a vehicle.
7. Your refuse to submit to a breath test (refusal) after being suspected of
DUI.
8. You’re under the influence of drugs or medications, even if they’ re
prescribed.
PENALTIES FOR A DUI CONVICTION IN NEW JERSEY?
Offense Jail Time Com. Service Fine Lic. Susp. Interlock
1st
BAC of
.08% to .10% to 30 Days 12 hours IDRC $250-$400 Until interlock installed 3 mos.
1st
BAC of
.10% to .15% to 30 days 12 hours IDCR $300-$500 Until interlock installed 7-12 mos.
2nd
2-90 days 30 days, plus IDRC $500-$1,000 1-2 years during license
suspension and
2-4 years after
3rd
min. 180 days 30 days plus IDRC $1,000 8 years during license suspension and
2-4 years after
* Penalties for underage DUI, or refusal may be slightly different
** DUI with a BAC above .15% penalties may be higher
***DUI in School Zone is higher
****Above penalties are in addition to State surcharges
IS IT POSSIBLE TO HAVE MY DUI CASE IN NEW JERSEY DISMISSED?
The short answer is YES! The fact that you’ve been charged with a DUI in New Jersey, doesn’t mean you’ll be found guilty. There are a lot of elements the prosecution must prove to obtain a DUI conviction in New Jersey.
1. Did the officer have reasonable suspicion to stop you?
2. Did the officer have reasonable suspicion to believe you were under the influence and request that you perform Field Sobriety Tests?
3. Did the officer properly explain, demonstrate and conduct the Field Sobriety Tests?
4. Did you actually fail the Field Sobriety Tests?
5. Did your age or preexisting medical or other issues affect the Field
Sobriety Tests?
6. Did the officer follow the rules for administering the breath test?
7. Was the breath test machine in good working order, maintained,
repaired, operated and administered properly?
8. Was the officer certified to perform the breath test?
9. Was the breath test result valid?
10. Did your age or preexisting medical or other issues that affect the
breath test?
11. Were blood or urine tests properly administered and valid?
12. Did the officer adequately advise your of your rights and
responsibilities, including your right to have your own, independent
blood test conducted?
Mr Redden has successfully defended hundreds of DUI cases in South Jersey. He will review every aspect of your DUI case in Deptford, including the scientific and technical issues, involving the breath, blood or urine tests. If necessary, and with your permission, he will have an expert also review the scientific and technical issues, involving he breath, blood or urine tests and have them issue a report and testify on your behalf, in an effort to find a flaw with the State’s case to have your DUI dismissed.
If after all his efforts your DUI cannot be dismissed, and you and Mr. Redden decide it wouldn’t be wise to got to trial, he will work to obtain the best possible result for you, including a possible plea agreement, which is now allowed in Deptford, New Jersey.
Never try and handle a DUI on your own! The State has a prosecutor, who is an experienced attorney, as well as the police, their experts and forensic departments on their side. Shouldn't you have an experienced DUI lawyer, with a history of success on your side? At the very least, call our office for a free consultation. We’re available for in-office, telephone or virtual consultations (Zoom, Facetime, Skype).
You can call us at 856-448-6200, or use our Free Consultation Form to set up an appointment.
Mr. Redden regularly handles DUI matters in:
Atlantic County Superior Court, Burlington County Superior Court, Camden County Superior Court, Cape May County Superior Court, Cumberland County Superior Court, Gloucester County Superior Court, Salem County Superior Court
Atlantic City, Bridgeton, Brigantine, Camden, Cape May, Cherry Hill, Clayton, Deptford, Egg Harbor Twp., Elk Twp., Elmer, Evesham Twp., Franklinville, Galloway Twp., Glassboro, Hamilton Twp., Hammonton, Lower Twp., Middle Twp., Millville, Monroe Twp., Ocean City, Penns Grove, Pennsville, Salem, Sea Isle City, Somers Point, Upper Twp., Ventnor, Vineland, Wildwood, Wildwood Crest
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