In 2014, there were over 9,967 people who were killed in drunk driving crashes. This has caused many states to enact zero tolerance laws, which are aimed at reducing and eliminating driving while under the influence of alcohol or any other intoxicating substance.
If you are facing a driving while under the influence charge in Avalon New Jersey then you should consider hiring an experienced DWI defense attorney. The legal professionals at our firm have more than 4 decades of combined experience handling DUI charges. We work to ensure that all of your rights were inspected, mistakes were not made. We fight aggressively to protect our clients from the full extent of DUI penalties in New Jersey.
Get assistance from our experienced DUI defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
New Jersey DUI/DWI Laws
New Jersey has taken an aggressive stance against drunk drivers and has designed their driving while under the influence laws to protect the general health and well-being of New Jersey Residents. The New Jersey law against driving while intoxicated driving is codified under N.J.S.A. 39:4-50 and N.J.S.A. 39:4-50.4a. N.J.S.A. 39:4-50. These statutes provide that any individual who operates a motor vehicle while “under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood” is guilty of driving while intoxicated and subject to punishment. It is essential to note that an individual can also be charged with DUI even when his or her BAC is less than 0.08 percent. Likewise, permitting another person to operate a motor vehicle while having a BAC greater than 0.08 percent can also face charges. N.J.S.A. 39:4-50.4a is part of the drunk driving law that mandates punishment for drivers who fail to consent to a blood, breath, or another chemical test for DUI.
Penalties for DWI in Avalon, NJ
As previously discussed, the state of New Jersey considers drunk driving to be a very serious offense. However, the penalties imposed in a specific case can vary drastically depending on the circumstances of defendant’s arrest.
First-Time DWI Offenses
For individuals facing a Driving While Intoxicated (DWI) charge for the first time, the severity of penalties hinges on factors like driving history and Blood Alcohol Content (BAC). In cases where the BAC is .08% or higher, consequences may include a fine ranging from $240 to $400, a potential 30-day prison sentence, and a three-month suspension of the driver’s license. Even for first-time offenders, these penalties can significantly impact one’s life, necessitating the assistance of skilled criminal defense lawyers to mount a robust defense.
Enhanced Penalties for Higher Intoxication or Drug Use
For first-time offenders with a BAC of .10% or higher, or those driving under the influence of drugs, more severe penalties come into play. The fine may increase to between $300 and $500, with the possibility of a 30-day prison term and a driver’s license suspension lasting from 7 months to a year. It is evident that more substantial consequences apply to individuals found to be more severely intoxicated. In such cases, support from our DUI defense attorneys can play a crucial role in helping defendants protect their interests and potentially minimize or eliminate charges.
Second-Time DWI Offenses
A second DWI offense within a decade of the first carries heightened penalties. Second-time offenders may face a fine ranging from $500 to $1000, a mandatory prison sentence lasting between 48 hours and 90 days, a two-year driver’s license suspension, and the installation of an ignition interlock device on their vehicle. The imposition of more stringent penalties underscores the importance of swift action and legal representation.
Third-Time DWI Offenses
For those charged with DWI for the third time within ten years, the repercussions become significantly more severe. Penalties may include a $1000 fine, a minimum 180-day prison sentence with no maximum limit, a 10-year driver’s license suspension, and the installation of an ignition interlock or a bar on registering a car in New Jersey for a decade. The distressing nature of these penalties emphasizes the critical need for immediate support and guidance from our legal team.
How Our Attorneys Can Help Defend Against a DWI Charge in Avalon, NJ
If you are facing a driving while under the influence charge, then you are aware that the penalties and fines can affect more than just your wallet, but can also cause you to go to jail. Thankfully, there are multiple potential defenses that our legal professionals can employ on your behalf.
Invalid Traffic Stop Defense
A key defense against a DWI charge involves questioning the legitimacy of the traffic stop. Contesting that the police lacked a valid reason for pulling you over is crucial, as law enforcement must have a reasonable suspicion of a violation. Our legal team meticulously examines the circumstances of your case to determine if the traffic stop adhered to legal standards. If it is established that the stop was unjustified, we promptly commence building a robust defense strategy.
Questioning Field Sobriety Test Accuracy
Another avenue of defense revolves around the accuracy of field sobriety tests. These assessments, often subjective and influenced by external factors like weather or physical conditions, can be challenged. For instance, if a knee injury hampers your ability to perform a one-legged standing test, it’s possible to contest the reliability of the test results presented by the prosecution. Our attorneys scrutinize these factors to cast doubt on the accuracy of the sobriety test and bolster your defense.
Contesting Faulty Breathalyzer Results
A crucial aspect of DWI defense involves challenging the results of breathalyzer tests. Our legal team explores the possibility of a faulty breathalyzer test, emphasizing issues such as calibration errors or device malfunctions. Successfully proving that the breathalyzer was not accurately calibrated during your traffic stop forms a compelling argument to dispute the DWI charge. Through thorough investigation, we aim to uncover and highlight any irregularities in the breathalyzer testing process.
Questioning the Reliability of Blood Analyses
Challenging the use of blood evidence is a vital defense strategy against DWI charges. Blood analyses, a common tool employed by law enforcement to ascertain intoxication levels, can be contested based on their reliability. Frequently, the state struggles to conclusively prove a case solely relying on blood analysis.
Our legal team rigorously examines the procedures followed during the blood test, aiming to uncover any potential flaws or inconsistencies that could cast doubt on the veracity of the results. By strategically challenging the use of blood evidence, we work to create a robust defense tailored to the specific circumstances of your case.
Medical Conditions as a Defense
Certain medical conditions can mimic intoxication symptoms, providing grounds for defending against a DWI charge. Proving that medical conditions were misinterpreted as signs of intoxication involves presenting extensive medical records and expert witness statements. This defense strategy underscores the importance of thorough documentation and professional medical insights to challenge the prosecution’s assertions.
Protecting Miranda Rights
Lastly, a defense against a drunk driving charge can hinge on the violation of Miranda rights. If law enforcement fails to inform you of your Miranda rights before questioning, statements made during interrogation may be deemed inadmissible. Our DUI defense attorneys diligently investigate your case to determine if there was a violation of your Miranda rights, aiming to suppress any statements that could be used against you in court.
Can You Be Penalized for Refusing to Take a Breathalyzer Test in Avalon, NJ?
There are penalties for refusing to submit to a breathalyzer test in New Jersey. These penalties have been set forth by N.J.S.A. § 39:4-50.4a.
First Offense Consequences
In Pennsauken, New Jersey, individuals who refuse to submit to a breathalyzer test may confront severe repercussions. A primary offense of refusing the test can result in a mandatory license suspension spanning seven months to one year. Additionally, a monetary penalty ranging from $300 to $500 may be imposed.
Second Offense Ramifications
For those refusing the breathalyzer test a second time, the penalties escalate. A subsequent offense can lead to a license suspension of up to two years and a monetary fine in the range of $500 to $1000. The severity of consequences reflects the increasing gravity of repeated infractions.
Third or Subsequent Offense Penalties
In the event of a third or subsequent refusal to undergo a breathalyzer test, the repercussions become more profound. The individual may face a staggering license suspension period of up to ten years, significantly impacting their mobility. Moreover, a substantial fine ranging from $1000 to $2000 may be imposed, serving as a stringent measure against repeated non-compliance.
How Our Attorneys Can Help with Your Drunk Driving Case in Avalon, NJ
You should not wait to contact our attorneys after being arrested for drunk driving in Avalon. Our legal team is prepared to help in the following ways:
Strategic Legal Counsel
Our seasoned DUI defense lawyers employ a strategic and personalized approach to each case. We understand that every situation is unique, and we meticulously analyze the details of your case to build a robust defense tailored to your specific circumstances. Our goal is to minimize the impact of the charges against you and explore all available legal avenues.
Navigating Complex DUI Laws
New Jersey has stringent DUI laws. Navigating them requires in-depth knowledge and experience. Our attorneys are well-versed in the intricacies of DUI legislation, staying on top of any recent updates or changes. This knowledge allows us to challenge evidence, scrutinize arrest procedures, and identify potential legal loopholes that can be leveraged in your defense.
Protecting Your Rights
We staunchly believe in upholding the rights of our clients. From ensuring proper protocol during traffic stops to challenging the accuracy of sobriety tests, our attorneys are relentless in safeguarding your constitutional rights. We leave no stone unturned in examining the details of your case, aiming to uncover any procedural errors or violations that could strengthen your defense.
Negotiation and Litigation Expertise
Our DUI defense lawyers also possess strong negotiation skills and are skilled in the courtroom. Whether seeking reduced charges, minimized penalties, or pursuing a dismissal, we will tirelessly advocate for your best interests. Our goal is to secure the most favorable outcome possible, considering both the immediate and long-term implications of the charges you face.
Lastly, navigating a DUI charge can be emotionally challenging. Our attorneys not only provide legal expertise but also offer compassionate support throughout the process. We understand the stress and uncertainty you may be experiencing, and we are committed to being your reliable advocates, offering clear communication and guidance throughout the legal process.
Contact Our Law Firm for Help with Your DUI Case in Avalon, NJ
Seek support and guidance from our experienced DUI defense lawyers at the Law Offices of John J. Zarych today by calling (609) 616-4956.