What To Expect With a New Jersey DUI
If this is the first time you have been arrested for driving while intoxicated, you should know what to expect with a New Jersey DWI charge and what steps you need to take immediately after being arrested to preserve your rights.
At the Law Offices of John J. Zarych, our attorneys are dedicated advocates who will guide you through the entire DWI process. We are known for our accessibility and ability to effectively resolve criminal matters while protecting our clients’ best interests. Call (609) 616-4956 to speak with an attorney. You can also reach our firm online. We represent clients in Cape May, Northfield and throughout Atlantic County.
THE COURT PROCESS FOLLOWING A DWI
DWI cases move swiftly through the court system at the municipal and superior court levels. This is a brief description of the court hearing process.
After your initial charge when you are given a summons, you be required to appear at an arraignment. The purpose of this hearing is for the judge to advise you of the sentence you would receive if you are convicted and to enter your initial plea. If you have retained an attorney prior to this date, in most cases your attorney can waive this court date so that you do not have to appear and miss time away from work or school.
Following the arraignment, your case enters the pretrial phase where police reports and other records are shared in what is known as discovery. Should your lawyer uncover any problems with the arrest, such as an improper stop or issue with the process of obtaining the blood alcohol content, you may file certain pretrial motions to obtain additional documents, to have evidence suppressed or the case dismissed.
If the case is not resolved during the pretrial phase, it will proceed to trial where a decision as to whether you are guilty will be made by the judge. An individual convicted of DWI has 20 days to file an appeal if he/she believes there was an error of law or procedure.
HOW A DWI CONVICTION COULD AFFECT YOUR DRIVING PRIVILEGES
Under New Jersey’s implied consent laws, anyone driving on a New Jersey roadway automatically agrees to submit to some form of chemical testing if suspected of driving under the influence. If you refuse to take a Breathalyzer test, you could be charged with an additional offense of refusal to test and your driving privileges will be suspended.
If convicted of DWI, you will face a suspension of your driving privileges. The length of license suspension will depend on a several factors, including whether you have had any prior DWIs and whether any aggravating factors were present.
New Jersey will also require you to participate in its Intoxicated Driver Resource Center Program. This includes a chemical dependency evaluation. If treatment is recommended after the evaluation, you may be ordered to complete a 16-week program. Your progress in treatment will be monitored and a final recommendation about whether your driver’s license should be reinstated will be made.
If you have a prior DWI, you may be required to install an ignition interlock device on your car. This device prevents you from starting your car until you blow into it. If it registers any alcohol on your breath, your car will not start.
DO NOT ENTER THE COURTHOUSE ALONE. CALL US.
You have little leverage over a prosecutor unless the prosecutor knows that you have a skilled Atlantic City DUI defense attorney at your side. Get help from one of our attorneys. We are known in the courthouses of Cape May and Atlantic counties for aggressively defending our clients. Call (609) 616-4956 today.