In the state of New Jersey, the statute covering operation of a motor vehicle (on land or in water) while under the influence of narcotics, hallucinogens, 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 lawyer in Hamilton, NJ, 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 you’ll have to rely on others and public transportation for the duration of suspension of your driver’s license, which can be very inconvenient for a person living in Bordentown or Hamilton Township, NJ. Additionally, those found guilty of driving under the influence may have to take IDRC programs in NJ to learn about the dangers of problem drinking. As experienced DUI lawyers in Hamilton, NJ, Zapicchi & Liller have the knowledge and resources to help clients facing a DUI/DWI charge in New Jersey.
Here is some additional information about what to do when charged with a DUI/DWI:
If you’re looking for a DUI/DWI attorney near me, you should understand that 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. This charge is valid because you give implicit consent to chemical tests where reasonable circumstances demand it upon acceptance of a New Jersey driver’s license.
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, and Mercer County, NJ.
For first-time offenders with a BAC level above .08 but below .10, you will pay a fine of $250-$400 and be subject to a loss of license until an interlock device is installed on your principal vehicle. The interlock device must be installed for a period of 3 months. The conviction also demands participation in the IDRC program for 12-48 hours. At the judge’s discretion, the court may issue a jail sentence not exceeding 30 days. You shall pay a $1,000 NJ MVC surcharge annually for three years.
For BAC levels greater than 0.10 percent but less than 0.15, you will pay a fine of $300-$500 and be subject to a loss of license until an interlock device is installed on your principal vehicle. The interlock device shall be installed for a period of 7 months to 1 year. Participation in the IDRC program is still mandatory, as is a 30-day jail sentence. At the judge’s discretion, the court may issue a jail sentence not exceeding 30 days. You shall pay a $1,000 NJ MVC surcharge annually for three years.
For BAC levels greater than 0.15, you will be fined $300-$500 and be subject to a loss of license for 4 to 6 months. In addition to a loss of license, the interlock device shall be installed on your principal vehicle during the period of suspension. The interlock device shall be installed for a period of 9 months to 15 months after the restoration of your license. Participation in the IDRC program is still mandatory. At the judge’s discretion, the court may issue a jail sentence not exceeding 30 days. You shall pay a $1,000 NJ MVC surcharge annually for three years.
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. Those found guilty of driving while under the influence of drugs and alcohol will have to partake in the NJ surcharge hardship program.
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 in Hamilton, NJ, are here to help you navigate this complex and challenging situation.
At Zapicchi & Liller, we know the intricacies of the law and have an intimate understanding of the system and decades of experience under our belt. We use our expertise to strategize a defense aimed at securing you with a positive outcome in Mercer County, NJ, or Burlington County, NJ. If you need the assistance of one of our DUI/DWI Lawyers in Hamilton, NJ, contact our experienced law firm today!
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