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Freehold DUI Lawyer

Freehold, NJ Defense Attorneys for Individuals Facing First-Time and Repeat DUI Charges

From fines and insurance surcharges to loss of your driving privileges and possible jail time, the penalties for driving under the influence (DUI) in Freehold and other cities in New Jersey are severe. Whether this is your first offense or you are being charged as a repeat offender, you need to take your situation very seriously. At Helmer, Conley & Kasselman, P.A., our Freehold DUI lawyer provides experienced and aggressive legal representation for individuals charged with DUI. We can help protect you if you do not deserve to be convicted; or, if necessary, we can work to minimize the consequences of your DUI arrest at trial.

DUI Under Section 39:4-50 of the New Jersey Revised Statutes

In Freehold and elsewhere in New Jersey, DUI is prosecuted as a traffic offense under Section 39:4-50 of the Motor Vehicles and Traffic Regulation title of the New Jersey Revised Statutes. This section makes it illegal to, “operate[] a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operate[] a motor vehicle with a blood alcohol concentration of 0.08% or more . . . .” This means that:

  • If you are “under the influence” of alcohol or drugs, you can be convicted of DUI even if your blood alcohol concentration (BAC) is below 0.08 percent; and,
  • If your BAC is 0.08 percent or above, you can be convicted of DUI even if your ability to drive is not impaired.

Under Section 39:4-50, the penalties for DUI vary based upon the defendant’s BAC and DUI history, and you can face additional charges and penalties if you were arrested with an open container, in a school zone, with minor passengers, after causing an accident, after refusing a breath test, or under various other circumstances. However, the circumstances of your arrest may give rise to a variety of potential defenses as well, and you should be sure to discuss any potentially-relevant details with your attorney.

Potential Defenses to DUI in Freehold

When our Freehold DUI lawyer evaluates your case, all potential defenses will be taken under consideration. Additionally, our team will develop a comprehensive case strategy focused on negating the prosecution’s evidence at trial. Depending on the circumstances of your arrest, some of the defenses you may have available include:

  • A “false positive” for a BAC above 0.08 percent or 0.10 percent
  • Failure to provide notice of New Jersey’s implied consent law in your native language
  • Improper police conduct during your traffic stop or arrest
  • Improper performance of field sobriety tests (FSTs)
  • Suffering from a medical condition that mimics certain effects of alcohol impairment

Learn More About Your Case From a Freehold DUI Lawyer

New Jersey’s DUI laws are complicated; and, to protect yourself, you need to make informed decisions. For more information, we encourage you to read:

Schedule an Initial DUI Consultation at Our Office in Freehold, NJ

If you have been arrested for DUI in Freehold, NJ, you need a lawyer. To discuss your case with an attorney at Helmer, Conley & Kasselman, P.A. in confidence, please call 1-877-435-6371 or request an initial DUI consultation online today.

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