Nj Dui Offenses
Nj Dui Offenses
US $11.99
Driving Under the Influence in New Jersey
As any DUI attorney in Wall, NJ will tell you, the laws are very strict concerning driving while under the influence of alcohol. The office party where everyone had such a good time suddenly doesn't seem like much fun when you get stopped by the police and asked to take a roadside breath test. The laws are strict and the penalties severe.
Probable Cause and the Search
An officer has to have probably cause to stop your vehicle. If you are driving erratically that is all the probable cause needed. New Jersey has an implied consent law meaning you must take a breath test if asked to do so. You can refuse, but if you are arrested the police have a right to take a blood sample at the police station. The penalties are even more severe if you refuse the road side breath test.
You will be charged with a DUI if your blood alcohol is over .08 percent. If this is your first offense and your blood alcohol content (BAC) is under .10 percent then you'll lose your license for 3 months and have to pay a fine. You will also have to stay for up to 48 hours at an Intoxicated Driver Resource Center (IDRC). The judge has the option of ordering 30 days in jail.
If your BAC is over .1 percent on the first offence, you lose your license for a minimum of 7 months to a year. There is a fine, mandatory IDRC stay and possibly jail time for up to 30 days.
Subsequent offenses incur harsher penalties. That is why you should contact an attorney as quickly as possible if you are charged with a DUI. It's important to not admit to anything to the police and to talk to an attorney first. The DUI attorney in Wall, NJ may be able to get the charges tossed out or the penalties reduced. It all depends on the circumstances of the case.
Common Mistakes People Make
One of the common mistakes people make during a DUI arrest is saying too much to the police. You may not realize how some statements can be misconstrued as statements of guilt. For example, telling the officer that "you had several drinks at the part but are not drunk" can lead to your conviction.
The second offense within 10 years of the first offense will cost you your license for a minimum of 2 years. You will also have to pay a large fine, attend mandatory IDRC and possibly serve 48 hours to 90 days in jail.
The third offense within 10 years of the second offense and you lose your license for 10 years. In addition, you will have to pay a fine, attend mandatory IDRC and serve up to 180 days in jail.
Once you get a second or third offense there is a large insurance surcharge added to your insurance bill too.
Talk to the Attorney First
A DUI attorney in Wall, NJ will evaluate every aspect of your case and may be able to get the charges dropped or lowered. If you are convicted, the attorney is often able to negotiate penalties closer to the minimum rather than the maximum, and even perhaps get you court permission to drive your vehicle to work and home.
About the Author
If you are interested to know more about DUI Attorney Wall, NJ and Divorce Wall, NJ then please visit our website www.ajclaw.com