Being arrested for a DUI/DWI in New Jersey can be a stressful and confusing experience. You must take specific steps to avoid a conviction that can carry serious penalties and other consequences. A qualified Camden County DUI/DWI defense lawyer at the Law Office of Thomas J. Gosse understands the complexities of New Jersey DUI/DWI laws and will aggressively defend your case.
New Jersey law does not distinguish between a DUI (driving under the influence) and a DWI (driving while intoxicated). A DUI/DWI citation may be issued when an individual operates a vehicle with a blood alcohol concentration (BAC) of .08 percent or higher. A DUI/DWI may also be issued to drivers who are under the influence of any type of drug – even prescribed medication.
Under New Jersey’s implied consent law, individuals suspected of driving under the influence must submit to a breathalyzer to determine their BAC. Drivers who do not comply with this law may face license suspension. The length of the suspension will depend on whether it is their first, second or subsequent offense.
Prior DUI/DWI convictions as well as BAC content will also be relevant to the penalties defendants face if convicted. Potential penalties for first-time offenders with a BAC between .08 percent and .10 percent include a fine of $250 to $400, 48-hour detainment, up to 30 days imprisonment and license suspension for up to one year.
Those convicted of a second New Jersey DUI/DWI offense may face a fine of up to $1,000, 30 days of mandatory community service, two-years driver’s license suspension, mandatory jail time of up to 90 days and mandatory installation of an ignition interlock device. Third or subsequent convictions will result in a $1,000 fine, at least six months of mandatory imprisonment, and loss of driving privileges for up to ten years. Additionally, the New Jersey Motor Vehicle Commission imposes an insurance surcharge of up to $5,000 on drivers with DUI/DWI convictions.
Sometimes, arresting officers do not follow the rules of procedure regarding field sobriety, breath, blood or urine testing. At the Law Office of Thomas J. Gosse, our DUI defense team is skilled in determining whether these procedures were executed properly or whether your constitutional rights were violated. Evidence of such violations may be used in fighting for dismissal of your case.
You may choose to plead guilty to your charge or you may choose to fight it. The prosecutor must prove that you were intoxicated by presenting evidence such as the results of your BAC test and field sobriety tests. There are many ways to fight your charges by showing that the administration or analyzation of these tests was conducted improperly.
New Jersey law generally does not allow for plea bargaining in DUI/DWI cases. However, if you are convicted in court, you are entitled to an appeal at which time a Superior Court judge will review your case and hear arguments from both sides, giving you an opportunity to beat your DUI/DWI conviction.
Camden County DUI/DWI defense lawyer, Thomas J. Gosse, has experience handling all stages of New Jersey DUI/DWI cases. We will fight to minimize the potential fines, penalties and other consequences of your conviction. Our knowledgeable attorneys can also provide you with skilled representation should you choose to appeal your conviction.
If you have been arrested for a DUI/DWI offense in New Jersey, call an experienced Camden County DUI lawyer at the Law Office of Thomas J. Gosse for a consultation. We are dedicated to representing clients in an honest, professional manner and we will aggressively fight for the best possible outcome in your case. From our offices in Haddon Heights, New Jersey, we represent defendants throughout South Jersey. Submit an online contact form or call us at 856-546-6600 or toll-free at 800-989-1575 to discuss your case today.