388 Pompton Ave. Suite 8 Cedar Grove, NJ 07009
Phone: 973.812.0385
Phone: 973.812.0385
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.
NEW DUI PENALTIES
1stOffense:
If you are operating a motor vehicle under the influence of alcohol or have a BAC of .08% to Weston .10% of the subject to the following:
1. forfeiture of your right to operate a motor vehicle until the installation of an ignition interlock device
2. ignition interlock device installed for 3 months
3. a fine of $200-$400
4. 12 to 48 hours in the Intoxicated Drivers Resource Center
5. up to 30 days in the County Jail
If you are operating a motor vehicle with a BAC of .10% or higher be subject to the following:
1. forfeiture of your right to operate a motor vehicle until the installation of an ignition interlock device
2. installation of an ignition interlock device for 7 months to one year
3. a fine of $300-$500
4. 12 to 48 hours served in the Intoxicated Driver Resource Center
5. a term of imprisonment of up to 30 days
6. if your BAC is .15% or higher, in this forfeit the right to operate a motor vehicle (license suspension) for a period of 4 to 6 months and the installation of a mate ignition interlock device for a period of 9 months to 15 months commencing on the restoration of the drivers license
2ndOffense:
1. a fine of $500-$1000
2. 30 days of community service
3. 48 hours confinement which can be served in the Intoxicated Driver Resource Center
4. license suspension of not less than one year or more than 2 years
5. installation of the ignition interlock device during the suspension and for 2 to 4 years after the restoration of driving privileges
3rd Offense:
1. a fine of $1000
2. a term of imprisonment for 180 days, 90 days of which may be served in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center
3. forfeiture of the right to operate a motor vehicle for 8 years.
Please note that there are also other surcharges and costs that are associated with a DUI conviction most notably surcharges from the Court, surcharges from the Motor Vehicle Commission, and the inevitable rise in insurance premiums.
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)*
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.
3 common defenses for DUI's in New Jersey:
388 Pompton Ave. Suite 8 Cedar Grove, NJ 07009
Phone 973.812.0385 Fax: 973.264.1170
Mon | 09:00 am – 05:00 pm | |
Tue | 09:00 am – 05:00 pm | |
Wed | 09:00 am – 05:00 pm | |
Thu | 09:00 am – 05:00 pm | |
Fri | 09:00 am – 05:00 pm | |
Sat | Closed | |
Sun | Closed |
Copyright © 2018 Benevento Law Firm LLC - All Rights Reserved.
Serving clients in Essex County, Passaic County, Bergen County, Morris County, Cedar Grove, Little Falls, Verona, Woodland Park, Totowa, Paterson, Newark, Morristown, Clifton, Montclair, Bloomfield, Caldwell, Glen Ridge, Roseland, Wayne, Fairfield, Pompton Lakes, Pompton Plains, West Orange, Belleville, South Orange, Orange, Lyndhurst, Rutherford, Passaic, Livingston, Essex Fells, and others.
Phone: 973.812.0385 Fax: 973.264.1170
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