In the state of New Jersey, the statute covering operating of a motor vehicle (on land or in water) while under the influence of narcotics, hallucinogenics, alcohol or other habit-forming drugs is found in N.J.S.A. 39:4-50.
Persons who have been arrested for DUI/DWI need to immediately contact the offices of an experienced DUI & DWI lawyer with specialized knowledge of traffic and criminal law to develop a strong defense. The laws of NJ are very strict, and charges are severe, meaning that a person may be looking at a jail term, a hefty fine and license suspension, which are commonly given together.
NJ does not grant any hardship licenses, which means that for the duration of suspension of your driver’s license, you’ll have to rely on others and public transportation, which can be very inconveniencing for a person living in Bordentown, NJ, or Hamilton Township, NJ.
The charges and penalties for a DUI are worse than getting a speeding ticket. There are two ways to be convicted of DUI/DWI:
A person can refuse to take a BAC test when ordered by a law enforcement officer, but this will lead to a charge for refusing BAC tests, which falls under N.J.S.A. 39:4-50.5. The reason this charge is valid is that on acceptance of a New Jersey driver’s license, you give implicit consent to chemical tests where reasonable circumstances demand it. In addition, you may still be charged with a DUI/DWI despite refusing the test if you are pulled over and are suspected to be under the influence in and around Burlington County, NJ, Monmouth County, NJ, and Mercer County, NJ.
If you are arrested for drunk driving and subsequently charged and convicted, the penalties you receive depend on your level of BAC above the limit. For BAC levels above .08 but below .10, you will pay a fine of $250-$400 and get a three-month license suspension. The conviction also demands participation in the IDRC program for 12-48 hours. At his discretion, a judge may issue a jail sentence not exceeding 30 days.
For BAC levels greater than 0.10 percent, you may get fined $300-$500 and get your license suspended for 7-12 months. Participation in the IDRC program is still mandatory, as is a 30-day jail sentence.
While alcohol intoxication is the most common form of this violation, the statute covers driving under the influence of other drugs which may impair judgment and capacity. There isn’t a set minimum for these drugs; however, any amount sufficient to impair function is considered sufficient to attract a charge under the statute.
DUI/DWI convictions in Hamilton Township, NJ, Bordentown, NJ, and other NJ communities add nine points to your insurance driving record, separate from the points issued by the MVC. Too many points and no insurer will be prepared to offer you coverage, which means you’ll have to settle for the more expensive NJPAIP Zapicchi & Liller professional DUI/DWI lawyers.
At Zapicchi & Liller, we not only know the intricacies of the law, but we have intimate understanding of the system and decades of experience under our belt - all of which will be used to strategize a defense aimed at securing you with a positive outcome in Mercer County, NJ, Burlington County, NJ, or Monmouth County, NJ.