New Jersey Drunk Driving/DUI Charges
If you have recently been charged with DUI or DWI in New Jersey, you are likely wondering where to go from here. The first step that anyone involved in a DUI/DWI should take is education. Below, we give a brief overview of the definition of a DUI/DWI, your rights, as well as what to do next after being pulled over for DWI/DUI in New Jersey.
What is DUI and/or DWI? New Jersey DUI Laws
DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are two legal terms for the same offense. In New Jersey, (and most every state) being “under the influence” or “intoxicated” is defined by having a Blood Alcohol Concentration (BAC) of 0.08% or more. Anyone who operates a motor vehicle or boat with this BAC can be arrested for and charged with DUI/DWI, as they are legally determined to be unable to perform the basic functions of operating a vehicle safely.
New Jersey Drunk Driving Charges
If you have been pulled over and arrested for a DUI in Brick or Ocean County area, your first concern is likely what will be your penalty, if convicted. Depending on a number of variables in your specific DUI case, the following will likely result-in many cases, with more than one of these penalties being ordered by New Jersey court:
- Fines, fees, surcharges
- Suspension of operating license
- Revocation of operating license
- Community service
- Jail time
- Ignition interlock device
- Mandatory intoxication education
There are a number of variables that can affect your potential New Jersey drunk driving or DUI penalty. The below list provides the most common factors that will affect a drunk driving charge in New Jersey criminal court:
- If the operator was underage
- If the vehicle was a commercial vehicle
- If property damage was incurred
- If a child was in the vehicle at the time of the DWI/DUI
- If another moving violation occurred at the time of DWI/DUI
- If another person was injured or killed
- If there was open alcohol in the vehicle
- If drugs were in system as well
- If illegal drugs were in vehicle
- If the BAC was excessively over the legal BAC
- If chemical test/field sobriety test was refused at time of DUI/DWI
- If operator created another legal violation at time of police stop
New Jersey DUI/DWI: The Next Steps
If you’ve been arrested for a Brick or New Jersey DUI/DWI, finding a New Jersey DUI/DWI lawyer immediately is your first step. Lepore & Luizzi can help. Our experienced Brick law firm has been helping those involved in DUI/DWI cases get the legal help and protection of legal rights that they need.