Atlantic City DWI Defense Lawyer
New Jersey DUI Attorney
The penalties are severe if you are convicted of DRIVING WHILE INTOXICATED (DWI/DUI), commonly called "drunk driving" in the state of New Jersey. If you are arrested you should contact an attorney immediately.
For a first offense you can lose your driver's license for up to one year, can be sentenced to the county jail for up to 30 days, can be required to install an ignition interlock on your vehicle, and receive thousands of dollars in fines and insurance surcharges. Under no circumstances are there provisional, work or hardship driver's licenses in New Jersey when one's license is suspended for a DWI/DUI.
For a second conviction the period of driver's license suspension is two years; the potential for incarceration goes up to 90 days; fines are increased; and after the two year suspension, an ignition interlock is mandatory, for an additional one to three years.
For a third conviction the period of driver's license suspension is a minimum of ten years; the jail term is a mandatory 180 days, or 90 days of county jail plus 90 days (at your own expense) in an approved inpatient drug/alcohol rehabilitation facility; the fines are increased. The ignition interlock requirement remains the same, but in the Court's discretion, the ability to register a motor vehicle in the State of New Jersey may be suspended for 10 years.
In each of the above cases, the penalties may be doubled if the conviction occurs in a school zone. Moreover, exposure may be greatly enhanced if DWI charges are coupled with other traffic or criminal charges. For example, if you had been driving while under the influence of alcohol or drugs and an accident occurs, or your driving causes bodily injury to another person, such acts can be prosecuted as a crime with risk of a state prison sentence being imposed.
In the face of DWI/DUI allegations, you need experienced and competent legal counsel.
Our DWI/DUI lawyers serve clients throughout all of South Jersey, including but not limited to Atlantic, Cape May, Ocean, Camden, Gloucester, Salem, and Cumberland Counties, Wildwood, Atlantic City, Cape May Court House, and Toms River, as well as drivers arrested on the Garden State Parkway and the Atlantic City Expressway. We are particularly prepared to serve the needs of out-of-state clients who are arrested for drunk driving in New Jersey. We take special care to handle those cases in a way that will minimize the impact in their home states.
As experienced and motivated DWI/DUI defense lawyers we are prepared to:
1. Challenge the legality of the stop.
A driver can not be stopped for a violation unless the police officer has probable cause to make the stop. We can file motions to suppress, challenging the legality of DWI stops. When successful, these motions result in dismissal of DWI/DUI charges.
2. Challenge the legality of the administration of breath tests.
The police may administer a breath test only if they have a reasonable belief that a driver has been driving under the influence. A successful motion to suppress will prevent the State from using the breath test findings at trial.
3. Challenge the use of blood evidence.
If a skilled defense lawyer provides the appropriate notices and demands proper documentation, it can be extremely burdensome for the state to prove a DWI/DUI case based upon blood analysis. We make every legal demand and provide all proper notices. Consequently we are successful in many DWI/DUI cases that are based upon blood tests.
4. Examine prior convictions.
If you have one or more prior DWI/DUI convictions in New Jersey or any other state our lawyers will research your history to see if there were past Constitutional violations that might affect your present case.
5. Challenge the results of the breathalyzer test.
New Jersey uses an AlcoTest 7110 MK III. Like any other machine, it is susceptible to error. Our DWI/DUI lawyers work with experts who will review the data to determine whether or not the results are accurate.
6. Take the case to trial.
If the charges are not dismissed, our lawyers are willing to try the case in court. Our willingness to try the case can make the difference between a conviction and no conviction, or between losing your license for a few months versus a few years.
Learn More about DWI/DUI:
Drunk Driving/DWI Information Page
Free initial consultation: Contact an experienced New Jersey DWI/DUI attorney about your case. Lawyers are available seven days a week, 24 hours a day, including holidays.