DWI/DUI Lawyers in Moorestown, NJ
Veteran DWI/DUI Lawyers Fight for Clients Arrested for Driving While Intoxicated in Burlington County, NJ
Driving While Intoxicated (“DWI/DUI”) charges are technically traffic offense cases; however, convictions for DWI/DUI carry harsh penalties, including jail time, loss of license, and substantial fines. Many people facing DWI/DUI charges fail to challenge them, often because they believe, incorrectly, that an Alcotest (breathalyzer) reading of 0.08 percent or higher automatically makes them guilty of driving under the influence. Others believe there is no defense, which is also simply untrue. A skilled criminal defense lawyer can be critical to defending against a DWI/DUI charge, and where necessary minimizing the harsh penalties from a DWI/DUI conviction.
At Attorneys Hartman, Chartered, we are committed to protecting the rights of drivers who have been arrested for DWI/DUI in Burlington County and elsewhere in New Jersey. Importantly, your DWI/DUI arrest does not have to lead to a formal conviction and the ongoing punishment that a DWI/DUI conviction carries. If you have been arrested on DWI/DUI charges, contact our offices today to explore options for avoiding the ongoing consequences of a conviction.
Potential Defense Strategies in New Jersey DWI/DUI Cases
While defending against DWI/DUI charges involving a chemical breath test reading can be challenging, it is by no means impossible with a skilled DWI/DUI lawyer by your side. At Attorneys Hartman, Chartered, we analyze every piece of available evidence in your case to determine how to proceed in defending against the charges at hand. Depending upon the unique circumstances of your case, possible defense strategies may include:
- Moving to suppress the evidence based upon an unlawful traffic stop (meaning that the police lacked probable cause to pull you over).
- Questioning the results of the sobriety test based on: (1) improper maintenance of the breathalyzer machine; (2) improper handling of the chemical test materials (in cases involving blood or urine testing); (3) improper training of the person administering the breathalyzer test; and/or (4) improprieties in the field sobriety testing.
- Challenging the validity of the charge based upon your lack of “operation” of the vehicle in question.
- Seeking a reduced charge and/or penalty based upon the particular mitigating circumstances applicable to your matter.
Under New Jersey law, law enforcement officers must have both a reasonable reason for pulling you over and a reason for suspecting that you were driving under the influence. While the standard that police must satisfy with respect to these requirements is not particularly high, the standard does exist.
Attorneys Hartman, Chartered Provide Strong DWI/DUI Defense to Minimize Harsh Penalties Under New Jersey Law
The penalties associated with DWI/DUI charges in New Jersey are serious. They are based in part upon the number of prior offenses you have, as well as your blood alcohol content (BAC) or the results of other chemical testing in drug-related DUI cases. Potential penalties can include:
- First offense with BAC between 0.08-0.10. Up to 30 days in jail, $250-$400 in fines, three months’ driver’s license suspension, 12-48 hours participation in an intoxicated driving program, installation of an ignition interlock device for six months to one year.
- First offense with BAC over 0.10. Up to 30 days in jail, $300-$500 in fines, driver’s license suspension for between seven months and one year, 12-48 hours participation in an intoxicated driving program, installation of an ignition interlock device for six months-one year (mandatory for BAC of 0.15 or above).
- Second offense with BAC over 0.08. Up to 90 days in jail, $500-$1,000 in fines, two years’ driver’s license suspension, 48 hours participation in an intoxicated driving program, 30 days community service, installation of an ignition interlock device for one to three years (mandatory).
- For a third or subsequent DWI/DUI, you will lose your driver’s license for ten years and can be put in jail for 180 days, in addition to monetary penalties and ignition interlock device installation once your license is reinstated.
If you are facing a second or subsequent DWI/DUI charge, it is important to know that there may be a defense available to you, depending upon how long ago the prior conviction was. Our experienced attorneys at Attorneys Hartman, Chartered, will explore this and every other defense available to you based upon the facts and surrounding circumstances of your case.
We handle all types of DWI/DUI charges in Burlington County and the surrounding communities, including:
- First offense DWI/DUI
- Second and subsequent offense DWI/DUI
- Driving under the influence of drugs
- Refusing to submit to an Alcotest (breath test)
- Underage DWI/DUI
- Aggravated DWI/DUI
Call the Skilled Woodbury, NJ DWI/DUI Defense Lawyers at Attorneys Hartman, Chartered, for a Confidential Consultation Today
When you have been arrested on DWI/DUI charges in Woodbury or elsewhere in the area, the stakes are too high to risk simply allowing the case to proceed without a fight. The attorneys at Attorneys Hartman, Chartered, have the expertise necessary to challenge DWI/DUI charges on a variety of grounds depending upon the circumstances, and we can help navigate the complex process of fighting these cases.
If you are facing DWI/DUI charges, call or contact our offices today to schedule a confidential consultation to discuss options for fighting your charges. Our skilled team of DWI/DUI lawyers understands that your schedule may be particularly hectic after a DWI/DUI arrest, and we are available to schedule evening or weekend appointments at your convenience.
Frequently Asked Questions About Cherry Hill DWI/DUI Cases
FAQ: Will I end up with a permanent criminal record if I am convicted of DWI/DUI in New Jersey?
No. A DWI/DUI charge is not a criminal offense in New Jersey but is instead classified as a traffic offense—or a quasi-criminal offense. Because of this, you generally will not have the right to a jury trial to determine whether your charges should stand. Further, the offense will not generally show up on your criminal record in the absence of aggravating factors, such as if you were arrested for DWI/DUI with a minor child in the car. Despite all of this, some of the same criminal penalties—jail time and monetary fines—also are imposed in DWI/DUI cases. Additionally, the conviction will show up on your driving record, so that you will almost certainly be required to pay much more expensive insurance premiums once your license is reinstated.
FAQ: If this is my first offense DWI/DUI conviction, will I lose my license?
Yes, but how long you lose your license depends upon what “tier” your DWI/DUI conviction is. If your DWI/DUI conviction is considered “first tier” (which applies when your BAC level is between .08 percent and .09 percent), then you will face reduced penalties, which includes a three-month driver’s license suspension. A second-tier DWI/DUI conviction, on the other hand, will result in greater penalties, including a seven-month driver’s license suspension, and may require installation of an ignition interlock device in your vehicle for six months to one year.
FAQ: Is it possible to have my DWI/DUI case dismissed without going to trial?
Yes. In many cases, our experienced DWI/DUI defense lawyers negotiate with the prosecution. Once we have analyzed the evidence and identified viable defense strategies, we may be able to come to an agreement to have your case dismissed based on those defenses without going through with a formal trial.