New Jersey shares the sentiment with many other states throughout the country that anyone who is found to be driving under the influence should face serious penalties. You may be facing lifelong consequences and may not be able to obtain the rental housing you want, the jobs you apply for, as well as jail time, fines, fees, and surcharges. If you have been charged with a DUI in Mullica Hill, Sewell, Swedesboro, or anywhere in Gloucester County, it is imperative to understand the penalties, long-term impacts, and possible defense options you may be able to utilize. The following blog and a Gloucester County DWI lawyer can help you understand what to expect.
What Are the Penalties for a First-Time DUI in New Jersey?
New Jersey imposes escalating penalties based on a driver’s blood alcohol concentration (BAC) at the time of arrest. Like all states, the legal limit in New Jersey is 0.08%. As such, if your BAC is at or over this legal limit, you will automatically face a DUI charge. However, if you are under the legal limit but the officer still believes that your ability to drive is impacted, you can still be placed under arrest and charged.
Under N.J.S.A 39:4-50, the statute that governs DUI offenses in the state, you can face serious penalties, including a license suspension, fines, and a permanent mark on your driving record. Additionally, if you refuse to submit to chemical testing, the prosecution may seek enhanced penalties.
DUI with BAC Between 0.08% and 0.10%
The least serious of the DUI penalties is for a driver with a BAC above the legal limit but under 0.10 percent. These offenders will face:
- Loss of driver’s license for 3 months
- Up to 30 days behind bars
- 12 to 48 hours at the Intoxicated Driver’s Resource Center
- Up to $3,905 in fees, fines, and surcharges
DUI With BAC of 0.10% or Higher
Any person who is found driving with a blood alcohol content level higher than 0.10 percent will result in a DUI.
This charge will result in:
- The revocation of driving privileges for 7-12 months
- A $1,000 surcharge per year for three consecutive years
- Total fines, fees, and surcharges up to $3800
- Up to 30 days in jail
- Mandatory installation of an ignition interlock device for up to one year
What Happens if I Have Prior DUI Offenses?
Like any other criminal charge, the more offenses a person has on their criminal record, the more severe the penalties become with each additional offense.
Second DUI Offense
- License suspension for one to two years
- Between 48 hours and 90 days in jail
- Court-ordered community service
- Mandatory installation of an ignition interlock device
Third or Subsequent DUI Offense
- License suspension for 8 years
- Up to 180 days in jails
- Ignition interlock device requirements
- Significant fines and fees
How Do Police Establish DUI Evidence in New Jersey?
In many DUI cases, law enforcement in Gloucester County and the surrounding communities will rely on field sobriety and chemical testing to establish probable cause and intoxication, ultimately allowing them to place an individual under arrest.
Common Field Sobriety Tests Used by New Jersey Police
In accordance with the National Highway Traffic Safety Administration, New Jersey Police officers can administer standardized testing to determine a driver’s impairment. These tests generally include:
- Horizontal Gaze Nystagmus (HGN) test
- Walk-and-turn
- One-leg stand test
- Finger-to-nose test
However, certain tests, like reciting the alphabet or counting backwards may be challenged in court based on unreliability.
Breathalyzer and Chemical Testing
- Breath testing devices measures BAC by calculating the amount of alcohol on your breath
- Blood testing may be ordered in certain instances
- Refusal to participate in chemical testing can trigger administrative penalties as per New Jersey’s implied consent laws
Can I Challenge a DUI charge in Gloucester County?
If you have been charged with a DUI in Mullica Hill, Sewell, Swedesboro, or any town in or around Gloucester County, it’s important to understand that you may have the ability to challenge the charges. However, it’s in your best interest to connect with a local attorney who can help you determine the best defense strategy based on your unique circumstances.
Challenging Probably Cause
In order to initiate a traffic stop in Gloucester, officers must have probable cause.
- The officer must observe a traffic violation or other clear signs of impairment
- Simply leaving a bar parking lot is not strong enough to warrant probable cause
- Dashboard camera or body camera footage may be requested
- In the event the basis of the stop is unlawful, evidence from the stop may be suppressed
Challenging Field Sobriety or Chemical Test Accuracy
- Improper administration of sobriety tests
- The officer who administered the test was not certified to do so
- Medical conditions may impact test performance and results
- Calibration errors can skew breath testing results
- May challenge based on failure to follow required testing protocol
Contact an Experienced Gloucester County DUI Defense Attorney Today
If you are facing charges for driving under the influence in Gloucester County, or anywhere in New Jersey for that matter, working with an experienced criminal defense attorney with the Vigilante Law Firm, P.C. is in your best interest. Our firm understands how complicated these matters can be to navigate, which is why we will do everything in our power to help you seek the best possible outcome. Contact our team today to learn how we can represent you.
