DUI, DWI & REFUSAL VIOLATIONS IN N.J.

Driving under the influence, driving while intoxicated, and refusal to perform a breath test are all serious traffic offenses in New Jersey. New Jersey drinking and driving laws impose severe penalties for individuals who are found guilty of drunk driving. Under the New Jersey DWI statute, N.J.S.A. 39:4-50:

• No person is to operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug;
• A person with a blood-alcohol content of 0.08% by weight of blood (BAC) is deemed to be "per se" intoxicated for purposes of determining whether a violation has occurred; and
• No person is to permit operation of a vehicle by a person under the influence or intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug.

Penalties for violation of the NJ Drunk Driving Statute, N.J.S.A. 39:4-50, include:

• First-Offense DUI/DWI: $250-$500 fine, 12-48 hours of IDRC, 3 months - 1 year license suspension, [possible] 30 days jail time;
• Second-Offense DUI/DWI: $500-$1,000 fine, IDRC, 30 days community service, [possible] 2-90 days jail time, mandatory 2 year license suspension, 2 year vehicle registration/plates revocation or ignition interlock device; and
• Third-Offense DUI/DWI: $1,000 fine, 180 days time time, mandatory 10 year license suspension, 10 year vehicle registration/plates revocation or ignition interlock device.

Necessary elements of a violation of the NJ Drunk Driving Statute are (i) proof of operation, (ii) of a motor vehicle. The element of "operation" is customarily established through actual observations of operation or circumstantial evidence demonstrating operation. It is important to keep in mind that it is not essential that it was the motorist’s intention to operate the vehicle, and that the vehicle was capable of moving. The State usually attempts to establish "intent" by presenting evidence that the defendant placed the keys of the vehicle in the ignition and/or that the vehicle was running. Our lawyers are sensitive to the complicated nature of the issue of operation and are prepared to defend clients on this issue whenever a potentially viable defense exists.

The State courts have defined intoxication or being under the influence as a substantial deterioration or diminution of the mental faculties or physical capabilities of a person resulting from ingestion of alcohol or drugs. Intoxication from alcohol is typically established "per se" through breath test samples or blood tests demonstrating a blood-alcohol content either at or above the legal limit of 0.08%. The current instrument used to test breath samples in most New Jersey counties is the Alcotest 7110 MKIII-C, commonly referred to as "Alcotest 7110". Unlike the old Breathalyzer test, an Alcotest has a keyboard attached to the instrument. If you were tested on this machine, the police officer typed your basic information (i.e. name, age, weight, gender, and driver’s license number) before your first attempt. This is a highly technical machine that defense attorneys must be sufficiently familiar with in order to create winning trial strategies in these DUI/DWI cases.

If the State is unable to establish a "per se" violation through an Alcotest or blood sample, the State may attempt to prove intoxication through field sobriety testing, also referred to as psycho-social testing. These tests are very susceptible to subjective interpretation, improper administration, and, therefore, human error.

DUI/DWI charges may also be based on alleged ingestion of illegal drugs. In these cases, the State is normally required to present evidence from a police officer specifically trained and certified as a Drug Recognition Expert (DRE), testifying that the suspect was, in fact, under the influence of drugs at the time of operation. Blood or urine test results are also required to establish that the suspect had drugs in his or her system.

There are quite a few defenses to DUI/DWI charges in New Jersey. Some of these defenses include (i) lack of probable cause or reasonable suspicion for the traffic stop, (ii) lack of probable cause to believe the driver was intoxicated, (iii) improper inspection/certification of the Alcotest, and (iv) improper administration of the Alcotest. This firm has extensive experience in drinking and driving matters and will ensure that any and all viable defenses are employed.

Sentencing issues also arise in NJ DUI, DWI & Refusal cases, and this firm will examine each of these issues to obtain the best possible result on your behalf. For example, one aspect of a drinking and driving case that can and will significantly affect sentencing is the Alcotest readings. If you are a first offender in New Jersey and your blood-alcohol concentration (BAC) is between 0.08% and 0.10%, then you will be facing a 3-month license suspension rather than the 7-month to 1-year suspension imposed when readings are at or above 0.10%. This firm will do its best to have the BAC readings excluded or reduced, so that you can receive the minimum suspension available. Another legal issue that frequently arises is treatment of prior convictions, as sentencing can vary quite significantly if the prior convictions are for a DUI/DWI rather than a Refusal. If your first conviction is for a Refusal rather than a DUI/DWI, then under NJ law, you must be sentenced as a first offender. If, however, your prior conviction is for a DUI/DWI and you are subsequently charged with a Refusal, then you will be sentenced as a second-time offender. As such, it is a necessity that you contact an experienced DUI/DWI attorney in New Jersey.

The Davis Law Firm, LLC has the experience you need to successfully fight DUI, DWI & Refusal charges. We are prepared to appear on your behalf in all courts in both New Jersey and Pennsylvania. We welcome the opportunity to meet with you for a free initial consultation and discuss your case in greater detail.

DUI, DWI & REFUSAL VIOLATIONS IN P.A.

In Pennsylvania, the penalties associated with DUI/DWI convictions are contingent on your blood-alcohol level ("BAC") within 2 hours of operating a motor vehicle, and the number of prior DUI/DWI convictions.

According to Pennsylvania DUI law, there are three "tiers" for BAC:
i) 0.08% - 0.099%
ii) 0.10% - 0.159%
iii) 0.16% and above
Please note that, if you are convicted of refusing to submit to a blood-alcohol test, the Commonwealth will automatically penalize you at the highest level (0.16% and higher).

DUI/DWI Penalties:

Regardless of your blood-alcohol reading, you will be required to complete a Alcohol Highway Safety course. And, if your reading is 0.16% or higher, you must also undergo Drug & Alcohol assessment/treatment.

    1^st Offense (No Prior DUI/DWI Convictions in the Last 10 Years): 

        i) BAC is 0.08% to 0.099%:
            a) 6 month maximum probation and a $300.00 fine;
            b) No loss of license or jail time. 

        ii) BAC is 0.10% to 0.159%: 
            a) Between 48 hours and 6 months imprisonment;
            b) $500.00 to $5,000.00 fine; and 
            c) License suspension for 12 months.
            Please note that an Occupational Limited License ("Work License") under these 
            circumstances.

        iii) BAC is 0.16% or higher (or Refusal to Submit to a Blood or Breath Test):
            a) Between 72 hours and 6 months imprisonment;
            b) $1,000.00 to $5,000.00 fine; and
            c) License suspension for 12 months. 
            Please note that a work license is available under these circumstances.

    Second Offense:

        i) BAC is 0.08% to 0.099%: 
            a) Between 5 days and 6 months imprisonment; 
            b) $300.00 to $2,500.00 fine;
            c) License suspension for 12 months; and
            d) Ignition Interlock Device [on vehicle] for 12 months. 

        ii) BAC is 0.10% to 0.159%: 
            a) Between 30 days and 6 months imprisonment;
            b) $750.00 to $5,000.00 fine;
            c) License suspension for 12 months; and 
            d) Ignition Interlock Device [on vehicle] for 12 months. 

        iii) BAC is 0.16% or higher (or a Refusal to Submit to a Blood or Breath Sample):
            a) Between 90 days and 5 years imprisonment; 
            b) $1,500.00 to $10,000.00 fine;
            c) License suspension for 12 months; and
            d) Ignition Interlock Device [on vehicle] for 12 months. 

    Third Offense: 

        i) BAC is 0.08% to 0.099%: 
            a) Between 10 days and 2 years imprisonment;
            b) $500.00 to $5,000.00 fine;
            c) License suspension for 12 months; and
            d) Ignition Interlock Device [on vehicle] for 12 months. 

        ii) BAC is 0.10% to 0.159%: 
            a) Between 90 days and 5 years imprisonment;
            b) $1,500.00 to $10,000.00 fine;
            c) License suspension for 18 months; and 
            d) Ignition Interlock Device [on vehicle] for 18 months. 

        iii) BAC is 0.16% or higher (or a Refusal to Submit to Blood or Breath Sample):
            a) Between 1 - 5 years imprisonment;
            b) $2,500.00 to $10,000.00 fine;
            c) License suspension for 18 months; and
            d) Ignition Interlock Device [on vehicle] for 12 months. 

    Fourth Offense: 

        i) BAC is 0.08 to 0.099%:
            a) Between 10 days and 2 years imprisonment;
            b) $500.00 to $5,000.00 fine;
            c) License suspension for 12 months; and 
            d) Ignition Interlock Device [on vehicle] for 12 months. 

        ii) BAC is 0.10% to 0.159%: 
            a) Between 1 - 5 years imprisonment; 
            b) $1,500.00 to $10,000.00 fine;
            c) License suspension for 18 months; and 
            d) Ignition Interlock Device [on vehicle] for 12 months. 

        iii) BAC is 0.16% or higher (or a Refusal to Submit to Blood/Breath Sample):
            a) Between 1 - 5 years; 
            b) $2,500.00 to $10,000.00 fine;
            c) License suspension for 18 months; and
            d) Ignition Interlock Device [on vehicle] for 12 months.

Accelerated Rehabilitative Disposition:

This firm’s objective in each DUI/DWI matter is to obtain either a dismissal or "not guilty" verdict on behalf of our clients. Clearly, that is the best outcome under any circumstances. Second to that, however, the best option in Pennsylvania remains admittance into the ARD program, which was created as a diversionary program for those individuals being arrested for the first time.

If the Commonwealth admits you into ARD: (i) you will never get jail time; (ii) there will be no  DUI/DWI conviction on your record; and (iii) you will be subject to a minimal (30-60 day) license suspension, if any. 

Your DUI arrest is automatically expunged if you successfully complete the ARD program. The program includes a short probationary period (normally 6 months to 1 year), a highway safety and driving class, and payment of fines and costs. The suspension of your driver's license will vary  from 30-60 days depending on the result of your blood test. This is quite significant in light of the automatic 1-year license suspension normally resulting from a DUI/DWI conviction; and the additional 1-year suspension resulting from refusing to submit to a blood/breath test.

Even if you have a prior arrest (with no conviction) or a minor conviction, attorney Davis may still get you successfully admitted into the ARD through sheer hard work and determination. To be sure, though, it is absolutely necessary for you to have a valid driver's license, automobile insurance, and current automobile registration to be a viable candidate for the ARD program.  And ARD is not typically available in DUI/DWI cases that arose from an arrest involving an automobile accident and third-party bodily injuries.

N.J. & P.A. TRAFFIC & MOTOR VEHICLE VIOLATIONS

The Davis Law Firm, LLC routinely represents individuals charged with motor vehicle violations throughout Municipal Courts in New Jersey and Pennsylvania. By obtaining favorable trial verdicts or negotiating plea bargains with dismissed citations, no-point assessments, and reduced fines, Mark G. Davis, Esq. has had incredible success representing hundreds of defendants charged with a variety of Title 39 (i.e. traffic) offenses.

If either you or a loved one has been charged with any of the following motor vehicle violations in New Jersey or Pennsylvania, please contact The Davis Law Firm, LLC today for a free initial consultation:

• Driving While Suspended/Revoked
• Driving Without a License
• Driving Without Automobile Insurance
• Drunk Driving (DUI/DWI/Refusal)
• Failure to Signal
• Failure to Obey Traffic Signal 
• Reckless Driving
• Careless Driving
• Speeding
• Failure to Yield
• Stop Sign Violations
• Improper Lane Change
• Tailgating
• Eluding
• Leaving the Scene of an Accident
• Failure to Report an Accident
• Possession of CDS (i.e illegal drugs) in Motor Vehicle
• Failure to Exhibit Legal Documents
• Commercial Driver’s License (CDL) Violations

NEW JERSEY MOTOR VEHICLE POINT ASSESSMENT

At this firm, we understand that convictions for certain moving violations will result in points being assessed against your license not only by the Motor Vehicle Commission, but also by your insurance company.  Unfortunately, these points significantly increase your insurance premiums; and, if more than 12 points are accumulated, they automatically result in a suspended license.

Therefore, our first point of attack in your case will also be to evaluate the merits of each available defense to the charged violations. If, and only if, the State's evidence of your guilt is overwhelming or otherwise unrebuttable, we would begin negotiating a plea tailored to alleviating your primary concerns - points, fines, suspensions, etc. 

Any person who is convicted of any of the following offenses, including offenses committed while operating a motorized bicycle, shall be assessed points for each conviction in accordance with the following schedule:

Non-Moving Violation Points

Moving Violations