Being charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) under N.J.S.A. 39:4-50 after a stop by Union Township Police is a serious legal challenge. Cases originating here are typically handled in the Union Township Municipal Court, and a conviction carries significant consequences under New Jersey’s strict, updated DWI laws. Brett M. Rosen, Esq. is an experienced DWI defense attorney providing skilled representation specifically for individuals facing charges in Union Township. He understands the local court system and is dedicated to protecting your rights and minimizing the impact of these charges.

908-312-0368 & brett@nynjcriminalcivilesq.com

Why You Need a Union Township DWI Attorney

Facing a DWI charge in Union Township Municipal Court requires more than just understanding the law; it requires local knowledge. An experienced attorney familiar with this specific court can provide significant advantages:

• Familiarity with Court Personnel: Understanding the tendencies and procedures of the local judge(s) and prosecutor(s).
• Local Procedure Knowledge: Navigating the specific administrative processes of the Union Township Municipal Court.
• Targeted Defense: Tailoring defense strategies based on common practices of Union Township law enforcement.

The stakes are high – potential license loss, mandatory ignition interlock devices, steep fines and surcharges, a permanent driving record notation, insurance hikes, and even jail time. Don’t face the Union Township court system alone.

Understanding NJ DWI Law (N.J.S.A. 39:4-50) Applied in Union Township

In Union Township, as throughout New Jersey, it is illegal to operate a motor vehicle while impaired by alcohol (with a Blood Alcohol Concentration [BAC] of 0.08% or higher) or under the influence of any narcotic, hallucinogenic, or habit-producing drug.

New Jersey DWI/DUI Penalties 

New Jersey’s updated DWI laws emphasize mandatory Ignition Interlock Device (IID) use. Penalties are tiered based on BAC and prior offenses within 10 years:

First Offense DWI/DUI (Alcohol):

• BAC 0.08% to < 0.10%:
  
  • Fines: $250 – $400
  • IDRC: 12 – 48 hours
  • Jail: Up to 30 days (discretionary)
  • License Forfeiture: Until IID installed.
  • Ignition Interlock Device (IID): Mandatory use for 3 months after installation.
  • Fees & Surcharges: ~$525+ fees plus $1,000/year MVC surcharge for 3 years.
• BAC 0.10% to < 0.15%:
  
  • Fines: $300 – $500
  • IDRC: 12 – 48 hours
  • Jail: Up to 30 days (discretionary)
  • License Forfeiture: Until IID installed.
  • Ignition Interlock Device (IID): Mandatory use for 7 months to 1 year after installation.
  • Fees & Surcharges: As above.
• BAC 0.15% or Higher:
  
  • • Fines: $300 – $500
    • IDRC: 12 – 48 hours
    • Jail: Up to 30 days (discretionary)
    • License Suspension: Mandatory 4 to 6 months.
    • Ignition Interlock Device (IID): Mandatory use during suspension AND for 9 to 15 months after license restoration.
    • Fees & Surcharges: As above.

First Offense DWI/DUI (Drugs):

• Fines: $300 – $500
• IDRC: 12 – 48 hours
• Jail: Up to 30 days (discretionary)
• License Forfeiture: Mandatory 7 months to 1 year.
• Ignition Interlock Device (IID): Often required by court (typically 6 months to 1 year).   
  
   
• Fees & Surcharges: As above.

Second Offense DWI/DUI (Within 10 Years):

• Fines: $500 – $1,000
• IDRC: 48 hours
• Jail: Mandatory 2 to 90 days.
• Community Service: 30 days.
• License Suspension: Mandatory 1 to 2 years.
• Ignition Interlock Device (IID): Mandatory use during suspension AND for 2 to 4 years after license restoration.
• Fees & Surcharges: As above.

Third or Subsequent Offense DWI/DUI (Within 10 Years of 2nd):

• Fine: $1,000
• IDRC: As required.
• Jail: Mandatory 180 days (up to 90 potentially in approved rehab).   
• License Suspension: Mandatory 8 years.
• Ignition Interlock Device (IID): Mandatory use during suspension AND for 2 to 4 years after license restoration.
• Fees & Surcharges: $1,500/year MVC surcharge for 3 years, plus others.

Refusal to Submit to Breath Test (N.J.S.A. 39:4-50.4a):

Penalties largely mirror the corresponding DWI tiers, particularly regarding mandatory IID use and license forfeiture/suspension periods.

Potential Defenses to DWI Charges in Union Township

Even if you were charged after a stop by Union Township police, defenses may exist. Brett M. Rosen meticulously reviews every aspect of the case, including:

• Legality of the Initial Stop: Did the Union Township officer have reasonable suspicion to pull you over?
• Probable Cause for Arrest: Was there sufficient probable cause to make the DWI arrest?
• Field Sobriety Test (FST) Administration: Were tests conducted according to standardized protocol? Were instructions clear? Do you have medical conditions that affected performance?
• Alcotest Breath Test Issues: Was the machine calibrated? Was the officer certified? Was the mandatory 20-minute observation period followed? Do medical conditions or substances interfere with the reading?
• Drug Recognition Expert (DRE) Protocol (for Drug DUI): Was the evaluation conducted correctly by a certified DRE?
• Blood/Urine Sample Procedures: Was the chain of custody maintained? Were proper procedures followed?
• Miranda Rights: Were you properly advised of your rights before custodial questioning?
• Refusal Warnings: Was the NJ Attorney General’s Standard Statement read accurately and completely?

How Brett M. Rosen Defends DWI Cases from Union Township

Brett M. Rosen provides comprehensive defense tailored to cases in Union Township Municipal Court:

• Evidence Analysis: Thorough review of police reports from Union Township PD, Alcotest documents, calibration records, and any video evidence.
• Challenging Procedures: Identifying and litigating any errors made during the stop, arrest, or testing phases.
• Filing Motions: Seeking suppression of evidence obtained illegally (e.g., breath results, statements).
• Negotiating with the Union Township Prosecutor: Working to achieve the best possible outcome, potentially involving dismissal or amendment of related non-DWI charges. (Direct plea bargaining on DWI penalties is highly restricted).
• Trial Representation: Providing vigorous defense in Union Township Municipal Court if the case proceeds to trial.

Frequently Asked Questions (FAQ) – Union Township DWI

Q: Are DWI and DUI the same thing in Union Township? A: Yes. In New Jersey, the terms DWI (Driving While Intoxicated – typically alcohol) and DUI (Driving Under the Influence – typically drugs) are covered under the same statute, N.J.S.A. 39:4-50, and carry the same penalties.   

Q: What are the main penalties I face for a first DWI in Union Township? A: Under the updated NJ law, expect mandatory installation of an Ignition Interlock Device (IID) for 3-12+ months (depending on BAC/drugs), significant fines and surcharges ($4000+ over 3 years is common), and IDRC attendance. License suspension occurs only if BAC is 0.15% or higher; otherwise, it’s license forfeiture until the IID is installed.   

Q: Can I get a diversionary program like PTI or Conditional Discharge for a DWI in Union Township? A: No. DWI (N.J.S.A. 39:4-50) is specifically excluded from eligibility for New Jersey’s main diversionary programs (PTI, Conditional Discharge, Conditional Dismissal).

Q: Can I get a DWI conviction from Union Township expunged later? A: No. DWI convictions are considered serious traffic offenses under Title 39, not criminal offenses under Title 2C, and are not eligible for expungement in New Jersey.   

Q: Do I need a lawyer for a first-offense DWI in Union Township Municipal Court? A: Absolutely YES. The consequences (IID, fines, insurance, permanent record) are severe even for a first offense under the updated law. An experienced attorney is essential to challenge the State’s case and protect your rights.   

Q: I have an out-of-state license. How will a Union Township DWI conviction affect me? A: New Jersey will suspend your driving privileges within NJ. The conviction will be reported to your home state, which will likely impose its own suspension or penalties based on its laws and the Interstate Driver License Compact.

Contact Union Township DWI Lawyer Brett M. Rosen, Esq. Today!

If you were arrested for DWI or Refusal in Union Township, NJ, do not delay. The consequences are serious, and experienced legal representation is vital. Contact Brett M. Rosen, Esq., immediately for a free and confidential consultation to discuss your Union Township DWI case.

908-312-0368

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws regarding DUI/DWIs are complex and highly dependent on the specific facts of each encounter. If you believe you were subjected to an unlawful DUI, you must consult with a qualified New Jersey criminal defense attorney, like Brett M. Rosen, Esq., immediately. Do not rely solely on this information. Contacting Brett M. Rosen, Esq. does not create an attorney-client relationship unless a formal agreement is signed. Results are not guaranteed.