DUI Attorney Scotch Plains, NJ

Looking for a DUI Attorney for your DUI charges in Scotch Plains, NJ? Contact us today!

Have you been arrested for a DUI (Driving Under the Influence) in Scotch Plains, New Jersey? The consequences of a DUI conviction can be severe, affecting your driving privileges, finances, and even your freedom. Don’t face this alone.

Brett M. Rosen, Esq., is an experienced criminal defense attorney with a deep understanding of New Jersey’s DUI laws and the specific legal landscape in Scotch Plains. We provide aggressive, compassionate, and personalized legal representation to help you navigate the complexities of the legal process and achieve the best possible outcome.

Understanding the Severity of DUI Charges in Scotch Plains

In Scotch Plains and throughout New Jersey, DUI offenses are taken very seriously due to the significant risk they pose to public safety. Law enforcement is vigilant about enforcing DUI laws, and the penalties for a conviction can be harsh, even for first-time offenders.

What Constitutes a DUI in New Jersey?

You can be charged with DUI in New Jersey if your blood alcohol concentration (BAC) is 0.08% or higher. However, even if your BAC is below the legal limit, you can still be charged if the police officer believes you are impaired due to alcohol or drugs. This is based on observable signs like slurred speech, difficulty maintaining balance, or failing field sobriety tests.

Potential Penalties for DUI in Scotch Plains, NJ

The specific penalties for a DUI conviction in Scotch Plains can vary depending on several factors, including:

• Your BAC level: The higher your BAC, the harsher the penalties will be.
• Prior DUI convictions: Penalties increase with each subsequent offense.
• Aggravating factors: The presence of certain factors, such as having a minor in the vehicle, causing an accident, or refusing a breathalyzer test, can lead to enhanced penalties.

Here’s a general overview of the potential penalties you could face:

It’s important to note that these are just some of the potential penalties you could face. The actual penalties will depend on the specific facts of your case and the judge’s discretion.

How Brett M. Rosen, Esq. Can Help You Fight Your Scotch Plains DUI Charge

Facing a DUI charge is daunting, but you don’t have to go through it alone. Our firm will provide the support and legal expertise you need. We will:

• Conduct a Thorough Investigation: We will meticulously examine all evidence in your case, including police reports, witness statements, video footage, and the results of any chemical tests (breathalyzer or blood test).
• Challenge the Prosecution’s Evidence: Our team will work to identify any weaknesses in the prosecution’s case. We often find errors in police procedures, faulty equipment, or issues with the administration of field sobriety or chemical tests.
• Consult with Experts: If necessary, we will consult with experts in toxicology, accident reconstruction, or other relevant fields to strengthen your defense.
• Explore All Potential Defenses: We will tailor a defense strategy to your unique circumstances, exploring all available legal options.
• Negotiate with Prosecutors: If appropriate, we will negotiate with the prosecution to seek reduced charges, alternative sentencing options (such as pre-trial intervention or a conditional license), or dismissal of the case if possible.
• Provide Skilled Courtroom Representation: If your case goes to trial, we will provide aggressive and effective representation in Scotch Plains Municipal Court to protect your rights and fight for the best possible outcome.

Potential DUI Defenses in Scotch Plains

Each DUI case is unique, but some common defenses we may explore include:

• Lack of Probable Cause for the Traffic Stop: If the police officer did not have a valid reason to stop your vehicle, any subsequent evidence may be inadmissible in court.
• Invalid Field Sobriety Tests: Field sobriety tests are subjective and can be influenced by various factors, such as fatigue, nervousness, or medical conditions. We can challenge the validity of the tests or the officer’s observations.
• Inaccurate Breathalyzer/Blood Test Results: Breathalyzer and blood tests are not foolproof. We can investigate the possibility of errors in the testing device, the administration of the test, or the handling of your sample.
• Rising Blood Alcohol Defense: This defense is based on the fact that your BAC may have been rising at the time of the test, not accurately reflecting your level of intoxication while driving.
• Medical Conditions: Certain medical conditions or medications can mimic the symptoms of intoxication. We will investigate whether an underlying medical issue may have contributed to your arrest.
• Miranda Rights Violations: If your Miranda rights (right to remain silent, right to an attorney) were not properly read to you before questioning, any statements you made may be inadmissible.

Frequently Asked Questions About DUI Charges in Scotch Plains

Q: What should I do if I’m pulled over for suspected DUI?

A: It’s crucial to remain calm and polite. However, exercise your right to remain silent and ask for an attorney. Do not answer any questions or perform any tests without consulting with a lawyer.

Q: Can I refuse a breathalyzer test in New Jersey? A: Yes, you can refuse a breathalyzer test, but refusal carries additional charge, including a longer license suspension. It’s essential to discuss this decision with your attorney.

Q: Will I automatically go to jail if convicted of DUI? A: Not necessarily. While jail time is possible, especially for repeat offenders or high BAC levels, first-time offenders may be eligible for alternative sentencing options, such as probation or community service.

Q: How much does it cost to hire a DUI lawyer in Scotch Plains? A: Attorney fees vary depending on the complexity of your case and the experience of the lawyer. Brett M. Rosen, Esq. offers free consultations to discuss your case and provide a transparent fee structure.

Q: Will a DUI conviction affect my employment? A: A DUI conviction can have serious consequences for your employment, especially in jobs that require driving or a clean criminal record.

Q: How long does a DUI stay on my driving record in New Jersey? A: A DUI conviction will remain on your driving record permanently. However, after ten years, it will no longer count towards a subsequent DWI offense.

Q: Can I get a DUI expunged from my record? A: No, DUI convictions are not eligible for expungement in New Jersey.

Q: What is the difference between a DUI and DWI in New Jersey? A: While often used interchangeably, DUI and DWI are technically the same offense in New Jersey. Both refer to driving under the influence of alcohol or drugs.

Q: Can I drive with an ignition interlock device (IID) on my car? A: If your license has been suspended and you are eligible for an IID, you may be able to drive with the device installed in your vehicle.

Q: What happens if I get a DUI in another state? A: A DUI conviction in another state will be reported to New Jersey and can result in additional penalties and consequences in your home state.

Don’t Face Your DUI Charge Alone. Contact Brett M. Rosen, Esq. Today.

If you are facing a DUI charge in Scotch Plains, New Jersey, don’t hesitate to contact Brett M. Rosen, Esq. for a free and confidential consultation. We understand the seriousness of the situation and are here to provide you with the expert legal guidance and support you need. We will work tirelessly to protect your rights and fight for the best possible outcome.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com.