The state of New Jersey takes driving under the influence extremely seriously. If you have been arrested and charged with DUI, you may be facing harsh penalties even for a first-time offense. Just remember: There are many ways to fight a DUI charge. But you need a skilled Monmouth County DUI attorney on your side.

At Keith Oliver Criminal Law, we have a long track record of successfully defending people against DUI charges. We understand the long-term consequences a DUI conviction can have on your life, and we fight fiercely to help you avoid them. Depending on the circumstances of your case, we may work to get the charges reduced or thrown out altogether. No matter what, we will push for the resolution that allows you to move forward with your life as quickly as possible.

DWI charges written by Freehold Borough police are heard in the Freehold Borough Municipal Court. Learn what to expect there on our Freehold Borough criminal defense page.

Our Attorneys Handle All Types of DUI Cases

At Keith Oliver Criminal Law, our experienced legal team can advocate on your behalf in cases involving:

First DUI
Second DUI, or a second DUI charge within 10 years of a prior DUI conviction
Third DUI, or a DUI charge for an individual who has at least two prior DUI convictions with the last 10 years

Whether this is your first time being arrested or you have been through the system before, you should never try to fight a DUI on your own. Our skilled attorneys can help you understand your options and decide the best path forward.

Why You Need a Lawyer for a DUI Case in Monmouth County

Thousands of people are charged with DUIs in Monmouth County every year. This means that prosecutors in Monmouth County have extensive experience handling DUI cases. You need an experienced lawyer to help level the playing field and give you the best chance at securing a favorable outcome in your case. A Monmouth County DUI lawyer from Keith Oliver Criminal Law can assist you after an arrest by:

Independently investigating your case to uncover evidence and gather witness statements that could support your defense
Identifying potential defenses to your charge, including working with expert witnesses to help explain how the prosecution’s evidence of your intoxication may be scientifically unreliable
Moving to exclude the state’s evidence or to dismiss your charges for lack of sufficient evidence
Advocating on your behalf at trial or during sentencing to fight for an acquittal or a lower sentence in the event of a conviction

Understanding the Common Defenses Used in DUI Cases

Some of the most common defenses that are used in DUI cases in Monmouth County include:

Police conducted a motor vehicle stop without reasonable suspicion or probable cause of DUI or a crime or traffic violation.
The defendant did not operate a motor vehicle or did not have the intent to operate their vehicle.
Police improperly performed a standardized field sobriety test, the results of the test are not reliable, or police performed a non-standardized field sobriety test.
Police failed to provide implied consent warnings in a language understood by the driver.
Police failed to advise an arrestee of their Miranda
There were errors in the administration of an alcohol test breathalyzer, or the test machine was not properly calibrated.
Law enforcement did not follow proper blood or urine collection and testing procedures, or there was a break in the chain of custody of blood or urine samples.
Blood or urine samples were obtained without consent or a warrant.

What Are the Penalties for DUI Convictions in Monmouth County?

New Jersey’s DWI penalties depend on how many prior DWI convictions you have and, for a first offense, your blood alcohol concentration (BAC). If you are convicted in a Monmouth County municipal court, the judge must impose penalties within these ranges:

First offense, BAC .08% to under .10%: $250 to $400 fine, 12 to 48 hours at the Intoxicated Driver Resource Center (IDRC), up to 30 days in jail and an ignition interlock device for three months
First offense, BAC .10% to under .15%: $300 to $500 fine, IDRC, up to 30 days in jail and an interlock for seven months to one year
First offense, BAC .15% or higher: the same fine and IDRC, plus a four-to-six-month license forfeiture and an interlock for nine to fifteen months after your license is restored
Second offense: $500 to $1,000 fine, 48 hours to 90 days in jail, 30 days of community service, a one-to-two-year license forfeiture and an interlock for two to four years afterward
Third offense: $1,000 fine, 180 days in jail, an eight-year license forfeiture and an interlock for two to four years afterward

Every DWI conviction also brings an MVC insurance surcharge of $1,000 per year for three years.

You can find the current fines, surcharges, interlock periods and jail ranges for every offense level, with charts, in our complete guide to New Jersey DWI penalties.

Monmouth County DUI FAQs

Questions that people often have about DUI cases in Monmouth County include:

What is the DUI limit in New Jersey?

For most drivers, New Jersey has a blood alcohol content limit of .08 percent, which translates to .08 grams of alcohol per 100 milliliters of blood in a person’s system. A driver who has a BAC of .08 percent or more is automatically considered driving under the influence.

However, for drivers under the age of 21, New Jersey has adopted a zero-tolerance policy toward intoxication. Any driver under 21 who has any detectable alcohol in their system can be charged with DUI. Commercial drivers over the age of 21 are subject to a lower BAC limit of .04 percent while they are operating a commercial vehicle.

Even if a driver has a BAC below the New Jersey DUI limit, they can still be charged with DUI if other evidence tends to show that their intoxication has impaired their ability to safely operate a vehicle.

Is a DUI a felony in New Jersey?

New Jersey law considers DUI a traffic offense rather than a criminal offense. However, a motorist who drives under the influence of drugs or alcohol may be charged with an indictable offense (also referred to as a felony) if their case involves certain aggravating factors, such as:

Driving with a license that was revoked due to a DUI conviction
Driving with a child in the vehicle, which can lead to a charge of endangering the welfare of a child
Causing an accident that results in serious bodily injury, which may support a charge of assault by auto
Causing an accident that results in someone’s death, which can lead to a vehicular homicide charge

Can a DUI be dismissed in Monmouth County?

A court may grant a defendant’s motion to dismiss a DUI charge when the prosecution lacks sufficient evidence to make a prima facie case (meaning they lack enough evidence to go to trial). The court may also dismiss a DUI charge when evidence is excluded from the state’s case because it is unreliable (such as an improperly performed breathalyzer test) or was obtained in violation of a defendant’s rights (such as a police officer stopping a driver without reasonable suspicion or probable cause).

In any case, you need a strong defense attorney to make the argument that your DUI charges should be dismissed.

What is the difference between DUI and DWI?

New Jersey law makes no distinction between driving under the influence (DUI) and driving while intoxicated (DWI).

Our Monmouth County DUI Lawyers Stand Ready to Fight for You

You have legal rights when facing a DUI charge. Contact Keith Oliver Criminal Law today for a free, no-obligation consultation with a seasoned Monmouth County DUI lawyer. We can explain the defenses available to you and help you decide the best path forward.