DRIVING WHILE UNDER THE INFLUENCE/DRIVING WHILE INTOXICATED

Drunk Drive pulled over by PoliceGetting charged with DUI/DWI can have devastating consequences on your driving record, your career and your finances.  You need the assistance of an attorney who is experienced in handling DUI/DWI cases.  The attorneys at the Law Firm of Aimino & Dennen have handled hundreds of DUI/DWI cases and are well known and respected by the local municipal courts.  Here are some frequently asked questions:

1.         If stopped by a police officer, should I take the alcotest?

The easy answer to this question is yes.  New Jersey law requires a driver to take an alcotest in those situations where an officer has probable cause to believe your ability to operate a motor vehicle is impaired by alcohol consumption.  The penalties for refusing to take the alcotest mirror the penalties for DUI/DWI and the proofs required by the State to prove the charge against you are must less involved.  You can be found guilty of both refusal to submit to an alcotest and DUI/DWI at the same time, resulting in double the penalties!

2.         Do I have the right to consult a lawyer before deciding whether to take the alcotest?

The answer to this question is no.  New Jersey law specifically notes that you do not have the right to consult with a lawyer with respect to the decision of whether or not to take the alcotest.  That being said, you still have the right to remain silent and have the right to have a lawyer present during any questioning.  We recommend that you take the alcotest, but remain courteous and silent during the rest of the police processing.

3.         Should I have an independent test performed?

New Jersey law requires an officer to provide you with the opportunity to obtain your own independent blood alcohol test.  If you believe your rights have been violated and you have access to a family physician or other health care provider who can perform an independent test, you should take that opportunity and have the test performed.

4.         Will hiring a lawyer make a difference?

No lawyer can or should guarantee that he or she can beat any traffic ticket or criminal offense.  Nevertheless, often a lawyer can provide assistance in many ways regarding such offenses.  An attorney will review the State’s proofs and look for holes and defects in the case against you.  Many times this can result in downgrades, lesser penalties, dismissal of companion charges and even acquittals.  There are a number of defenses available in the area of DUI/DWI representation that may be available to you in your case.  If you don’t seek the assistance of an attorney, those defenses will simply never be available to you and you may face a conviction or penalties far more severe than necessary.

The penalties for DUI/DWI are severe:

First Offense (Reading of .08 or higher but less than .10)

  • Fine $250.00 to $400.00
  • Possible jail for not more than 30 days
  • Three (3) month loss of driving privileges
  • 12 to 48 hours in the IDRC Alcohol Program – $230.00 fee
  • $200.00 surcharge, plus court costs
  • $75.00 safe neighborhood fee
  • $1,000.00 a year DMV surcharge per year for three (3) years

First Offense (Reading .10 and higher)

  • Fine $300.00 to $500.00
  • Possible jail for not more than 30 days
  • Seven (7) months to One (1) year loss of driving privileges
  • 12 to 48 hours in the IDRC Alcohol Program – $230.00 fee
  • $200.00 surcharge, plus court costs
  • $75.00 safe neighborhood fee
  • $1,000.00 a year DMV surcharge per year for three (3) years
  • Reading over .15 – interlock device

Second Offense

  • Fine $500.00 to $1,000.00
  • Jail 48 hours to 90 days
  • Two (2) year loss of driving privileges
  • 12 to 48 hours in the IDRC Alcohol Program – $280.00 fee
  • Thirty (30) days community service
  • $200.00 surcharge, plus court costs
  • $75.00 safe neighborhood fee
  • $1,000.00 a year DMV surcharge per year for three (3) years
  • Interlock Device for 1 to 3 years

Third Offense

  • Fine $1,000.00
  • Jail 6 months (90 days may be served in an approved in-patient alcohol program)
  • Ten (10) year loss of driving privileges
  • 12 to 48 hours in the IDRC Alcohol Program – $280.00 fee
  • $200.00 surcharge, plus court costs
  • $75.00 safe neighborhood fee
  • $1,500.00 a year DMV surcharge per year for three (3) years
  • Interlock Device for 1 to 3 years