With summer break just around the corner, police departments across New Jersey are preparing to ramp up drunk-driving enforcement. While drunk driving enforcement is a priority year-round, we typically see a spike in DUI arrests at the start of summer break. Learn some key facts to know about facing a summer break DUI from an experienced New Jersey DUI lawyer at Helmer, Conley & Kasselman, P.A.
New Jersey DUI Charges Are Serious
The first thing you need to know is that facing a DUI in New Jersey is a serious matter. Unlike many other states, New Jersey does not classify driving under the influence (DUI) as a traffic violation. Instead, a DUI is minimally a disorderly persons offense, and drunk driving arrests can lead to prosecution for indictable crimes in some cases.
With this being the case, a DUI conviction in New Jersey can have serious consequences. Depending on the circumstances surrounding your drunk driving arrest, you could be facing some or all of the following:
- Driver’s license suspension
- Mandatory ignition interlock device (IID) installation
- Jail time
- Fines
- Mandatory alcohol education
- Insurance premium increases and surcharges
- Having a DUI conviction on your permanent record
With a DUI conviction on your permanent record, you will likely find it more difficult to find work, financing, and housing. If you are a student, licensed professional, member of the U.S. military, or non-U.S. citizen, a DUI conviction could have other serious consequences as well. Under New Jersey law, DUI convictions are not eligible for expungement, which means that a DUI conviction will stay with you for the rest of your life.
New Jersey DUI Charges Are Complex
Not only are New Jersey DUI charges serious, but they are also complex. For example, many people are surprised to learn that there are two ways that prosecutors can secure a DUI conviction. In New Jersey, prosecutors can pursue DUI charges based on either:
- Driving with a blood alcohol concentration (BAC) above the legal limit; or,
- Driving “while under the influence of intoxicating liquor[ or a] narcotic, hallucinogenic or habit-producing drug.”
This means that even if prosecutors don’t have your BAC (or if you have grounds to challenge the reliability or accuracy of your BAC reading), they may still be able to secure a conviction based on other evidence that you were driving under the influence. Likewise, even if your driving abilities were not impaired, this is not a defense if your BAC was:
- 08 percent or above (if you are 21 or older);
- 04 percent or above (if you are 21 or older and were driving a commercial vehicle)
- 01 percent or above (if you are under 21).
From dash camera footage and the arresting officer’s testimony to your BAC reading and performance on the field sobriety tests (FSTs), prosecutors may be able to use various forms of evidence to seek a conviction in New Jersey criminal court. However, these forms of evidence may also be subject to challenge on various grounds, and you may have a variety of other defenses to your DUI as well.
Another complexity to keep in mind is that you could face various charges in addition to your DUI. For example, if you refuse the breathalyzer, you may be facing a DUI refusal charge, which can also lead to a driver’s license suspension, fines, and other consequences. If you are being accused of causing an accident while driving under the influence, you could also be facing a charge for assault by auto or vehicular homicide.
New Jersey DUI Charges May Be Subject to Several Defenses
While DUI arrests pose several risks, individuals who are facing New Jersey DUI charges may also have several defenses available. Some examples of potential defenses include:
- Insufficient evidence of impairment
- Unreliable BAC or FST results (including a “false positive” BAC)
- Unreliable drug recognition expert (DRE) exam results
- A traffic stop without “reasonable suspicion”
- An arrest without “probable cause”
- You were not “operating a motor vehicle” at the time of your arrest
From questioning whether the breathalyzer device was properly calibrated to providing an alternate explanation for your high BAC, there may be several ways to call the reliability of your BAC reading into question. Likewise, FST and DRE exam “failures” can often be disputed through several means. Ultimately, if there are any issues with the prosecution’s evidence against you or the way in which the police obtained this evidence, this could provide a defense to your DUI—and this is true even if you were drunk behind the wheel at the time of your arrest.
It Is Up to You to Fight Your New Jersey DUI
With that said, it is up to you to fight your New Jersey DUI. If you do not fight your DUI, you will be convicted, and you will face the consequences of having a DUI conviction on your permanent record. With this in mind, fighting your DUI needs to be your priority, and you should hire an experienced New Jersey DUI lawyer to protect you as soon as possible.
Even if You Can’t Fight Your DUI, You May Have Options Available
What if you can’t fight your DUI? What if prosecutors have the evidence they need, and what if the police conducted your DUI arrest by the book?
Even in this scenario, you may have options available. For example, prosecutors may be willing to negotiate a plea deal, and negotiating a deal could substantially mitigate the consequences of your arrest.
Discuss Your Case with a New Jersey DUI Lawyer at Helmer, Conley & Kasselman, P.A.
If you are facing a summer break DUI in New Jersey, our lawyers can help protect your finances, your freedom, and your future. To discuss your case with an experienced New Jersey DUI lawyer in confidence as soon as possible, call 877-435-6371 or tell us how to reach you online now.