DUI Charges Attorney Fanwood, NJ

Have you been arrested for a DUI (Driving Under the Influence) in Fanwood, New Jersey? The aftermath of a DUI arrest is overwhelming, with the potential for severe consequences like license suspension, fines, and even jail time. Navigating the legal system alone can feel impossible, but you don’t have to do it alone.

Brett M. Rosen, Esq., is a DUI defense attorney in Union County, New Jersey. With a deep understanding of New Jersey’s complex DUI laws, a proven track record in the courtroom, and unwavering dedication to our clients, we’re here to fight for your rights and protect your future.

Why a DUI Charge in Fanwood is a Serious Matter

Driving under the influence, NJSA 39:4-50, is not a minor traffic infraction. It’s a serious offense that carries severe penalties, even for first-time offenders. New Jersey has some of the toughest DUI laws in the nation, aiming to deter drunk driving and ensure road safety. A conviction can significantly impact your life in numerous ways, including:

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

When facing a DUI charge, you need an attorney who understands the law, the local court system, and has the experience to develop a winning defense strategy. Brett M. Rosen, Esq., has a proven track record of success in defending clients against DUI charges in Fanwood. We will:

1. Conduct a Thorough Investigation: We leave no stone unturned in our investigation. We will meticulously examine every detail of your case, including the circumstances of the traffic stop, the administration of field sobriety tests, and the results of any chemical tests (breathalyzer or blood test).
2. Challenge the Evidence: We will rigorously analyze the evidence against you. We often find errors in police reports, flaws in field sobriety tests, and inconsistencies in chemical test results.
3. Expert Witness Testimony: If necessary, we can consult with experts in toxicology, accident reconstruction, and other relevant fields to provide expert testimony to support your defense.
4. Exploring All Possible Defenses: We will tailor a defense strategy to your unique circumstances, exploring all available legal options.
5. Negotiating with Prosecutors: If appropriate, we will negotiate with the prosecutor to seek reduced charges or alternative sentencing options, potentially avoiding a conviction altogether.
6. Vigorous Courtroom Advocacy: If your case goes to trial, we will provide unwavering representation in Fanwood Municipal Court, fighting to protect your rights and secure the best possible outcome.

Specific DUI Defenses in Fanwood

• Lack of Probable Cause for the Traffic Stop: If the police officer did not have a valid reason to stop your vehicle (e.g., no traffic violation, no reasonable suspicion of a crime), any subsequent evidence may be inadmissible in court. We will scrutinize the initial traffic stop to ensure it was lawful and constitutional.
• Field Sobriety Tests (FSTs) Were Improperly Administered: FSTs are subjective and can be influenced by various factors, such as fatigue, nervousness, or medical conditions. We will challenge the officer’s administration of the tests and their interpretations.
• Breathalyzer or Blood Test Results Were Inaccurate: Breathalyzer and blood tests are not foolproof. The machines can malfunction, and human error can occur during testing or storage of the samples. We will thoroughly analyze the results and procedures to identify potential flaws.
• “Rising Blood Alcohol” Defense: This defense argues that your blood alcohol content (BAC) was still rising at the time of the test, not accurately reflecting your level of intoxication while driving. This is particularly relevant if there was a significant delay between being pulled over and taking the test.
• Medical Conditions: Certain medical conditions or medications can mimic the symptoms of intoxication. We will investigate if any underlying medical issues played a role in your arrest.
• Miranda Rights Violations: If the police failed to properly advise you of your Miranda rights (right to remain silent, right to an attorney) before questioning, any statements you made may be inadmissible.
• Other Procedural or Constitutional Violations: We will meticulously review every aspect of your arrest and the subsequent investigation to ensure that your rights were protected.

What to Do After a DUI Arrest in Fanwood

1. Remain Silent: Do not answer any questions from the police about your alcohol consumption or anything else related to the arrest.
2. Politely Request an Attorney: Inform the officers that you wish to speak to an attorney. Do not consent to any searches or tests without legal counsel present.
3. Contact Brett M. Rosen, Esq.: Reach out to our firm as soon as possible. We can help you understand your rights and begin building a strong defense.

Frequently Asked Questions About DUI Charges in Fanwood

1. What are the consequences of a first-time DUI in Fanwood, NJ? A first-time DUI in Fanwood can result in fines, license suspension, potential jail time, mandatory IID installation, and an IDRC program.

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

3. How long will my license be suspended for a DUI in Fanwood? The length of suspension depends on your BAC level and any prior offenses. It can range from a few months to several years.

4. What is the difference between a DUI and a DWI in New Jersey? In New Jersey, DUI and DWI (Driving While Intoxicated) are essentially the same offense, referring to operating a vehicle under the influence of alcohol or drugs.

5. Will a DUI affect my car insurance rates? Yes, a DUI conviction will almost certainly result in a significant increase in your auto insurance premiums.

6. What happens if I refuse a breathalyzer test? Refusing a breathalyzer test in New Jersey will result in additional charges and can be used as evidence against you in court.

7. How long does a DUI case typically take in Fanwood Municipal Court? The length of time varies depending on the complexity of the case and the court’s schedule. However, an experienced attorney can help expedite the process.

8. Can I still be charged with DUI if I wasn’t drinking alcohol? Yes. You can be charged with DUI if you are under the influence of any substance that impairs your ability to drive safely, including prescription drugs, illegal drugs, or even some over-the-counter medications.

9. What should I expect during my first court appearance? Your first court appearance, also known as an arraignment, is typically when you formally enter a plea of guilty or not guilty. Your attorney will represent you and may discuss potential plea deals with the prosecutor.

10. What is the role of the Intoxicated Driver Resource Center (IDRC)? The IDRC is a program that provides education and counseling to individuals convicted of DUI. Attendance is often mandatory and can last several weeks or months.

11. Can I get my DUI dismissed if it’s my first offense? While it’s rare for a first-time DUI to be dismissed outright, an experienced attorney may be able to negotiate for reduced charges or alternative sentencing options.

12. Can I get my DUI charges reduced? In some cases, it may be possible to negotiate a plea deal with the prosecutor to reduce your DUI charge to a lesser offense, such as reckless driving. An experienced attorney can help you explore this option.

Fanwood, NJ DUI Lawyer

Don’t wait, contact attorney Brett M. Rosen today for your DUI out of Fanwood, NJ. He’s available 24/7 and provides confidential and free consultations. Contact him at 908-312-0368 or email him at brett@nynjcriminalcivilesq.com.