A DUI is a serious offense in New Jersey, and the penalties for a DWI conviction can be harsh. Fortunately, a criminal arrest does not mean that you’ll automatically be convicted. With an experienced New Jersey DWI defense lawyer on your side, you can fight for the criminal charges against you to be reduced or dropped outright.
The Jersey DWI attorneys at Keith Oliver Criminal Law provide top-notch representation to those arrested and charged with drunk driving. For years, we have successfully defended drivers in Monmouth, Mercer, and Somerset counties from criminal charges that could hurt their future and their livelihoods. Contact us today for a free consultation to discuss how our New Jersey criminal law firm could help you fight your DWI charges.
Types of Cases Our New Jersey DWI Defense Lawyers Can Help With
Anyone caught driving with a blood-alcohol concentration of .08 percent could be charged with a DUI (driving under the influence). Motorists can also be charged with a DWI if they are found to be under the influence of substances other than alcohol, including drugs such as hallucinogens, narcotics, and even some types of prescription medications.
At Keith Oliver Criminal Law, our New Jersey DWI Defense lawyers have extensive experience helping people beat charges of driving under the influence. Our DUI lawyers in NJ work with people who have been charged with:
- First DUI
- Second DUI
- Third DUI
After a DWI arrest, it is natural to be scared and worried about what comes next. Just know that you don’t have to go through the legal process alone. You can hire a skilled DUI lawyer to help you. Our seasoned New Jersey DWI lawyers will fiercely fight for your rights if you have been accused of driving while intoxicated.
Why You Need a DWI Defense Attorney for Your Case in New Jersey
Whether this is your first time being arrested for drunk driving or you have been through the New Jersey Supreme Court system before, the last thing you should do is try to represent yourself in a DUI case. An experienced Jersey DUI defense attorney from Keith Oliver Criminal Law will bring a wealth of legal knowledge, training, experience, and resources to fight your DWI charges.
There are numerous benefits to hiring the DUI lawyers at Keith Oliver Criminal Law to represent you:
- Legal Knowledge and Experience – Our criminal defense attorneys are intimately familiar with the New Jersey DUI laws and the legal system as a whole. Because we have worked for so long in local jurisdictions, we provide valuable insight and advice into how your case should be handled.
- Access to expert witnesses – Our DWI attorneys have access to a network of top-tier expert witnesses who can provide testimony on your behalf. Expert testimony can uncover weaknesses in the case against you and open the door for the charges against you to be reduced or dropped.
- Preventing a DUI from going on your permanent record ─ Because DUIs can’t be expunged, you need a DWI lawyer who has the skills to fight for reduced charges or a dismissal of your case. Our respected DWI lawyers will take advantage of every opportunity to keep a DUI conviction off your record.
- Minimizing repercussions ─ If a conviction is inevitable in your drunk driving case, our DWI defense lawyer will negotiate for the minimum possible sentence, including the lowest possible fines.
At Keith Oliver Criminal Law, we have successfully handled many different types of DUI cases since our founding. We place a significant emphasis on providing our clients with the personalized attention they deserve. You will never be just a number with us, and we will do everything in our power to obtain the best possible results in your case.
Our DWI defense attorneys are responsive and always ready to speak with you about your case. You can reach us by phone, text, email, or chat and expect a prompt reply. Our New Jersey criminal defense lawyers will also make sure you understand the costs involved before you agree to hire our team. You will never be surprised by any fees or costs.
Common DUI Defenses Used in New Jersey
There are many possible defenses for a DUI case. At Keith Oliver Criminal Law, our Jersey DWI attorney will conduct a thorough investigation into your case and strategize on an effective defense. Some possible New Jersey DUI defenses include:
- No reasonable suspicion to pull you over
- No probable cause for your DWI arrest
- No Miranda warnings given
- Presenting witnesses whose testimony differs from law enforcement
- Poor BAC (blood alcohol concentration) testing procedure
- Flawed BAC test results
- Defective or malfunctioning Alcotest machine
- Other legitimate reasons for your driving behavior, such as fatigue
- Failure to obtain a warrant for your blood samples
- Prosecutorial misconduct
These are just a few of the many possible defenses in a DWI case. It is crucial to contact a DWI defense lawyer as soon as possible after you are arrested to ensure your rights are protected, and any potential evidence is preserved.
Penalties for a New Jersey DWI Conviction
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 New Jersey 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.
Want the full picture? Our NJ DWI penalties guide lays out every first, second and third offense penalty, the breath test refusal penalties, the ignition interlock credit and the 10-year step-down rule in one place.
New Jersey DUI FAQs
At Keith Oliver Criminal Law, our legal team is always here to answer questions and provide strategic legal advice. Contact our DUI defense attorney for a free consultation about the specific details of the DWI charges you face.
What is the New Jersey DUI limit?
Regular licensed motorists are considered legally intoxicated if they have a BAC of .08 percent or above. Commercially-licensed drivers are considered legally intoxicated if they have a BAC of .04 percent or above. Underage drivers with a BAC of .01 percent to .08 percent can be arrested for a “baby DUI.” It’s illegal for anyone under age 21 to consume alcohol in New Jersey.
Is a DUI a felony in New Jersey?
Not exactly. A DUI is usually not considered a felony in New Jersey because the state does not consider a DUI to be an “indictable offense.” Instead, a DUI in New Jersey is typically regarded as a serious traffic violation, though it can be raised to the level of an indictable offense under certain circumstances.
Can a DUI be dismissed?
Yes, a DUI can be dismissed under certain circumstances. Just because you were arrested doesn’t mean you will be convicted. There are many potential grounds for challenging a DUI. Speak to a knowledgeable DUI attorney at Keith Oliver Criminal Law to discuss what defenses are available to you.
Is there a difference between DUI and DWI?
Most people have heard the acronyms DUI and DWI used interchangeably, leading to confusion and uncertainty about whether there is any actual difference between the two. If you’re seeking clarity on the matter, you’ve come to the right place.
In this post, the attorneys at Keith Oliver Criminal Law will delve into the details of DUI (driving under the influence) and DWI (driving while intoxicated) to help you better understand these legal terms.
What Are the Differences (If Any) Between DUI and DWI?
Some states may distinguish between DUI and DWI (or even OWI, operating while intoxicated), but in New Jersey, there is no difference between the terms. Indeed, the New Jersey laws on drunk driving refer to both driving while intoxicated and under the influence.
Can You Obtain Car Insurance After Receiving a DUI or DWI?
You can (and must) obtain car insurance after receiving a DUI or DWI, but it will cost you a lot. On average, a DUI conviction in New Jersey can increase your yearly auto insurance by 74 percent (from $1,592 to $2,773). Furthermore, New Jersey imposes a surcharge of $1,000 to $1,500 per year on your auto insurance for three years following a DUI conviction.
Will I Go to Jail If I Receive a DUI or DWI?
You can go to jail for a DWI conviction, but it’s up to the judge’s discretion. New Jersey law establishes the following jail times for DWI convictions:
- For a 1st offense – up to 30 days in jail
- For a 2nd offense – At least 48 consecutive hours up to 90 days
- For a 3rd offense – 180 days (or fewer hours per day if the court decides) up to 90 days
How Long Do DUIs and DWIs Stay on Your Driving Record?
While a DWI conviction is a traffic offense rather than a criminal offense, it will stay on your driving record for the rest of your life. You cannot expunge a DUI from your New Jersey driving record.
What’s the Legal Limit for Blood-Alcohol Content?
In New Jersey, the legal limit for blood alcohol content (BAC) while driving is 0.08 percent. BAC refers to the percentage of alcohol in a person’s bloodstream.
Drivers under age 21 cannot drive with any detectable amount of alcohol in their system. Therefore, an underage driver with a BAC of 0.01 to 0.07 percent can also face a DUI charge.
What Happens If I Fail a Breathalyzer Test?
If you fail a breathalyzer test by registering a BAC of 0.08 or greater, law enforcement can place you under arrest and charge you with a DUI. You might be tempted to refuse a breathalyzer test, but this is a bad idea. The penalties for refusing a breathalyzer can include fines, license suspension, an ignition interlock device, and participation in an Intoxicated Driver Resource Center program.
Contact Keith Oliver Criminal Law for Legal Representation
No matter what you call it, DWI or DUI consequences can be substantial, so you need to take this charge seriously. The attorneys at Keith Oliver Criminal Law can stand up for your rights and will fight for you. Contact our firm today for a confidential consultation.
