DWI/DUI Lawyer

 

Why Hire Us?


  Being arrested with a DUI in New Jersey under N.J.S. 39:4-50 can be a very harrowing experience.  You are usually asked a series of questions, put through physical exercises (aka the field sobriety test), and then given a breath test or more physical exercises by a Drug Recognition "Expert."  All the while your car has been towed and you are wondering what is going to happen now?  Don't panic, we are here to help.

       The penalties in New Jersey for being convicted of a DUI are harsh.  They can range from license suspension, community service, classes at the IDRC, an ignition interlock device, huge surcharges, and even mandatory jail time.  Also, given the fact that municipal prosecutors cannot plea bargain away DUI charges, it makes it very important that you hire an experienced and aggressive attorney to handle your DUI case.

         At the Benevento Law Firm we review the traffic stop, the field sobriety test, the administration of the breath test, and the breath test results themselves to make sure your rights are protected.  And if you have a DUI based on drugs, we can challenge any testimony given by the D.R.E., any report that was made, and challenge any drug test given, in order to fight these charges against you.  


Penalties for a DWI if found Guilty (overview)* links to New Jersey's Penalty Table


  First Offense:

  • 3 mos to 1 yr loss of license, $250 to $500 fine, up to 30 days in jail, and possible ignition interlock device

  Second Offense:

  • 2 year loss of license, $500 to $1000 fine, up to 90 days in jail, and ignition interlock device

  Third or Subsequent Offense:

  • 10 year loss of license, $1000 fine, Mandatory 180 days incarceration (90 days of which may be served in an Alcohol Rehabilitation Center), and ignition interlock device.

Also, all suspensions will be doubled if convicted of N.J.S.A 39:4-50 (DUI) in a school zone.

Also, there are multiple "fees" in addition to the fine to be paid that day in Court and a $1000 surcharge from the MVC once a year for the three subsequent years following conviction.


Implied Consent.


     In Accordance with N.J.S.A. 39:4-50.2, every motorists implicitly consents to providing a breath sample if arrested for suspicion of Operating a Motor Vehicle While Under the influence of Alcohol or Drugs.  This means that even though the Fifth Amendment of the United State Constitution gives you the Right to Remain Silent, and you are informed of this through Miranda Warnings during the arrest, it DOES NOT apply to providing a breath sample. 

      In order to enforce this, this Legislature has made the penalties substantially similar to being charged with a DWI.  It is important to understand this distinction, so the Police must read you and "Attorney General's Standard Statement" informing you of this issue prior to requesting that you provide a breath sample.  If you are charged with a Refusal to Submit to the Breath Test, you need to hire an attorney that can provide defenses on your behalf.


Common Defenses Raised in a DWI Matter (and Refusal to Provide a Breath Sample)*


  • Illegal Traffic Stop
  • Illegal furtherance of investigation into Driving While Intoxicated
  • Illegal Arrest for lack of Probable Cause
  • Improper administration of the Field Sobriety Test
  • Improper Administration of the Alcotest Machine including:
    • Failure to Observe the Subject for 20 Uninterrupted minutes
    • Failure to Change the Mouthpiece after each Sample
    • Failure to Have the Machine Properly Calibrated
    • Failure of the Operator or Coordinator to maintain their Certification
    • Failure of the State to Provide the Foundation Documents for the Machine in order for it to be Considered Scientifically Reliable
  • Medical Conditions of the Subject such as GERD, Dental Appliances, Age, Lung Conditions, or Injuries which would render the Field Sobriety  Test or the Breath Test Reading Invalid
  • Failure to Properly Read the Attorney General's Statement


        If you have been arrested and need a DWI/DUI Lawyer in Newark, Paterson, and the surrounding areas, give us a call to schedule a consultation.

** These are not an exhaustive lists of possible penalties and defenses and each case presents its own novel issues that must be reviewed.

Common DUI Defenses in New Jersey

3 common defenses for DUI's in New Jersey:

  • Challenging the Stop
  • Challenging Probable Cause
  • Challenging the Breath Test

Contact Us

Contact us Now to Speak with a DWI Lawyer

Or Call to Schedule and Appointment

Benevento Law Firm LLC

388 Pompton Ave. Suite 8 Cedar Grove, NJ 07009

Phone 973.812.0385 Fax: 973.264.1170

Hours

Mon

9:00 am – 5:00 pm

Tue

9:00 am – 5:00 pm

Wed

9:00 am – 5:00 pm

Thu

9:00 am – 5:00 pm

Fri

9:00 am – 5:00 pm

Sat

Closed

Sun

Closed

Map