Elizabeth, NJ First Offense DWI Lawyer

Driving under the influence (DUI), also known as driving while intoxicated (DWI), is a serious offense in New Jersey. If you have been arrested for DUI, it is important to understand your rights and options. If you are accused of first offense driving under the influence, second offense DUI, third offense DUI, or a breathalyzer refusal offense in New Jersey, you need to understand the law and your rights. You also need to hire a New Jersey criminal defense lawyer who has the experience and the skills to handle your case and fight for your freedom. If you’re seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this guide that will provide you with a general overview of a first offense driving under the influence law in New Jersey, as well as some common defenses that may be available to you.

Understanding the Consequences of a First Offense DUI in New Jersey

In New Jersey, the law of driving while under the influence is codified under N.J.S.A. 39:4-50. A person can be convicted of Driving Under the Influence (DUI) for operating or attempting to operate a vehicle while under the influence or with a blood alcohol content (BAC) of .08% or greater. A vehicle owner can also get a DUI conviction for permitting an intoxicated person to operate the owner’s vehicle. Please keep in mind that you can still be charged with a DUI even if your BAC is under .08%. A BAC of .08% or more means that you or your loved one were per se under the influence while operating a motor vehicle in New Jersey.

Penalties for a First Offense DUI in New Jersey

A first-offense DUI/DWI in New Jersey can result in jail time, fines, and license suspension, depending on the BAC of the driver. The maximum jail sentence for a first-offense conviction is 30 days. The fines range from $250 to $500, plus additional fees and surcharges. The license suspension can be 3 months or more, depending on the BAC level.

In New Jersey, the penalties for a first-offense DUI vary depending on the driver’s Blood Alcohol Concentration (BAC) at the time of the traffic stop. Here are the different penalty tiers based on BAC readings:

1. **Tier 1 (BAC from .08% to below .10%)**: For a first-time DUI conviction with a BAC of at least 0.08%, but lower than 0.10%, the penalties include a fine of $250-$400, imprisonment for up to 30 days, and 3 to 15 months of using an ignition interlock device.
2. **Tier 2 (BAC from .10% to below .15%)**: If the BAC is 0.10% but less than .15%, the fines increase to $300-$500, and an interlock for a period of seven (7) to twelve (12) months.
3. **Tier 3 (BAC of .15% and above)**: If the BAC is over .15%, a license suspension is required for a period of four (4) to six (6) months and an interlock during the period of suspension plus a period of nine (9) to fifteen (15) months with an interlock device installed.

Please note that all first-offense convictions require compliance with the Intoxicated Driver Resource Center (IDRC) for a period of 12-48 hours. You can be charged with DUI even if your BAC is below .08% if the police officer has probable cause to believe that you are impaired by alcohol or drugs.

As mentioned above, an interlock with have to be installed in your principally owned or leased vehicle. The law is clear, per NJ.Gov, that, “a person who, on behalf of the convicted offender, blows into an interlock device to start a motor vehicle or tampers with the device to circumvent its operation may be charged with a disorderly persons offense.” A disorderly persons offense carries up to 6 months of county jail time as well as a fine of up to $1,000.

Driving with a Suspended License Due to DUI

If you have been convicted of a first offense DUI/DWI in New Jersey and your license was ordered suspended, then you cannot drive a motor vehicle. If caught, the following penalties for driving while on a suspended license due to a DUI include:

• A $500 fine
• Up to 90 days in the county jail
• A minimum of 1 and a maximum of 2 years loss of license
• If involved in a car crash and there is an injury then you face a mandatory 45 day county jail sentence
• Revocation of motor vehicle registration

If your license is suspended for a first offense DUI/DWI in New Jersey and you pick up two or more driving while suspended tickets, then you can face criminal charges. Under New Jersey law, 2C:40-26a, is a fourth degree indictable (felony) which if convicted has a mandatory 180 days jail sentence without eligibility for parole.

Frequently Asked Questions About First Offense DUI in New Jersey 

Can the police officer ask me to step out of my car?

Yes, they can. The police officer may have probable cause to believe that you are impaired if you exhibit signs of intoxication, such as:

• Slurred speech
• Bloodshot or watery eyes
• Flushed face
• Odor of alcohol on your breath
• Difficulty walking or standing
• Slow reaction time
• Poor judgment

If the police officer has probable cause to believe that you are impaired, they may ask you to perform field sobriety tests. If you perform poorly on the field sobriety tests, the police officer may arrest you for DUI.

What are Field Sobriety Tests?

In New Jersey, law enforcement officers may ask an alleged drunk driver to perform a series of standardized field sobriety tests (SFSTs) to assess their level of intoxication and determine if they are under the influence of alcohol or drugs. These tests are designed to evaluate a person’s coordination, balance, and cognitive abilities, which can be affected by alcohol consumption.

1. Horizontal Gaze Nystagmus (HGN) Test:

• The officer instructs the individual to follow a slowly moving object, such as a pen or finger, with their eyes while keeping their head still.
• The officer observes the person’s eyes for involuntary jerking movements (nystagmus), which can be a sign of alcohol impairment.

2. Walk-and-Turn Test:

• The individual is asked to walk in a straight line, heel-to-toe, for nine steps, turn around, and walk back in the same manner.
• The officer evaluates the person’s ability to maintain balance, coordination, and follow instructions.

3. One-Leg Stand Test:

• The person is instructed to stand with one leg raised approximately six inches off the ground for 30 seconds.
• The officer assesses the individual’s ability to maintain balance and steadiness on one leg.

4. Finger-to-Nose Test:

• The individual is asked to touch their nose with their index finger, alternating between their right and left hands.
• The officer observes the person’s coordination, accuracy, and ability to follow instructions.

5. Romberg Balance Test:

• The individual is instructed to stand with their feet together, eyes closed, and arms at their sides.
• The officer observes the person’s ability to maintain balance and steadiness without swaying or losing their equilibrium.

What is a Step-Down in New Jersey?

A “step-down” is a provision in the New Jersey DWI law that allows a person to reduce their sentence for a second or third offense DUI if they have gone 10 years or more without another DUI conviction. For example, if someone has a second DUI conviction, but their first one was more than 10 years ago, they can be treated as a first offender and get a lighter penalty. However, this only applies once, so if they get a third DUI conviction, they will face the full consequences unless another 10 years have passed since the second one. This rule is meant to show some leniency to people who have changed their behavior and avoided drunk driving for a long time. However, it is not automatic and must be requested by the defendant or their lawyer.

Can I Plea Bargain My First Offense DUI in New Jersey?

In New Jersey, plea bargaining in cases involving driving while intoxicated (DWI) was not permitted. This rule is established by the New Jersey Supreme Court and is incorporated into the guidelines issued by the New Jersey Attorney General’s Office. However, recently a new law was enacted that allows plea bargaining in DUI/DWI cases. 

Here’s a more detailed explanation:

• Plea Agreements: In many cases, defense attorneys can negotiate with prosecutors in a process known as “plea bargaining”. Plea agreements often involve a defendant pleading guilty in exchange for a lighter sentence or dismissal of some charges.
• DWI Cases: However, DWI cases are different. The New Jersey Supreme Court has established rules that limit a prosecutor’s ability to enter into plea agreements in cases involving DWI and refusal to submit to breath testing.
• Guidelines: In 1990, the New Jersey Supreme Court adopted the Guidelines for Operation of Plea Agreements in the Municipal Courts of New Jersey. Guideline 4, as amended over the years, states that “no plea agreements whatsoever will be allowed” in DWI and refusal cases.

Therefore, if you are charged with a first offense DWI in New Jersey, you cannot plea bargain to reduce it to a lesser charge. It’s recommended to hire a qualified DWI lawyer to assess the charges and fight the case.

Can I Expunge My First Offense DUI in New Jersey?

In New Jersey, a DUI/DWI conviction is considered a traffic offense, not a criminal offense. Therefore, it cannot be expunged from your driving record. This is because expungement is limited to criminal offenses. However, it’s important to note that since a DUI/DWI is not a criminal offense in New Jersey, it will not show up on a criminal background check and should not interfere with you getting a job.

 

Will My New Jersey DUI/DWI Conviction Show Up on a Background Check?

No, a first offense DUI/DWI in New Jersey does not show up on a criminal history check. This is because in New Jersey, a DUI/DWI is considered a traffic offense, not a criminal offense. Therefore, it will not appear on a criminal background check. 

Possible Defenses for a First Offense DUI Charge in New Jersey

There are a number of defenses that can be raised against DUI charges. Some of the most common defenses include:

• Lack of reasonable articulable suspicion for the stop: If the police officer did not have reasonable articulable suspicion to stop you, any evidence obtained as a result of the stop may be suppressed.
• Rising blood alcohol concentration (BAC): If your BAC was rising at the time of your arrest, this may be evidence that you were not actually impaired at the time you were driving.
• Medical conditions: Certain medical conditions can mimic the signs and symptoms of intoxication. If you have a medical condition that may have affected your ability to drive, you may be able to raise this as a defense.
• Question the Validity and Accuracy of Field Sobriety Tests and Breathalyzer Test: Breathalyzer devices require careful and routine calibration. If the device used during your DUI stop had not recently been calibrated, then your BAC results may be unreliable. Similarly, field sobriety tests must also be administered according to specific protocols to provide reliable evidence of alcohol or drug impairment.

• Suppress Any Evidence or Statements That Were Obtained Illegally or Improperly: The arresting officer must inform you of your rights under New Jersey’s implied consent law before administering the breath test. This should be captured on the officer’s dashcam or body cam as well as in a paper-format of a form.

• Present Other Factors That Could Explain Your Impairment or Affect Your Test Results: Fatigue, distractions, consuming certain foods and various other factors can often explain erratic driving behaviors or an above-normal BAC.

• Hire an Experienced Drunk Driving Attorney: Having an experienced NJ DUI lawyer that understands how to build a DUI defense & spot the signs of a weak criminal case may make the difference in your case.

Commercial Drivers License (CDL) & First Offense DUI in New Jersey

the law regarding a first offense DUI for a commercial driver license (CDL) holder in New Jersey:

• CDL and DUI: If you have a commercial driver’s license (CDL) and are arrested for driving under the influence (DUI), you are subject to the same penalties as a DUI for an individual with only a basic driver’s license.
• BAC Levels: According to New Jersey statute, a blood alcohol content (BAC) level of 0.04% constitutes grounds for a DUI charge for CDL licensed drivers if suspected of drunk driving while operating a commercial vehicle. If a person with a CDL is driving a passenger vehicle when stopped under the suspicion of a DUI, the 0.08% BAC level applies.
• Penalties: A CDL licensed driver with a first offense DUI conviction will automatically receive a one-year CDL revocation in addition to his or her 3-12 month basic driver’s license suspension. The CDL license suspension penalty will be enforced regardless of whether or not the defendant was operating a commercial vehicle at the time of the DUI arrest.
• 1st Offense CDL DUI Penalties:

• • 3-month basic driver’s license suspension
  • 1-year CDL license suspension
  • $250-$400 in fines
  • 12-48 hours at an intoxicated driver resource center (IDRC)

• 1st Offense CDL DUI Penalties (BAC of 0.10% or higher):

• • 7 months-1 year basic driver’s license suspension
  • 1-year CDL license suspension
  • $300-$500 in fines
  • 12-48 hours at an intoxicated driver resource center (IDRC)
  • Up to 30 days in jail

If you are a CDL licensed driver and you are arrested for a DUI while on a New Jersey road, you should consider hiring an experienced NJ DUI lawyer to defend your rights, protect your career, and your commercial driver’s license.

 

First-Rate New Jersey DUI Lawyer

A first offense DUI in New Jersey carries serious penalties. If you are facing such charges, it’s crucial to seek legal counsel immediately. If you have been arrested for first offense DUI in New Jersey, it is important to take the charges seriously by contacting an experienced DUI defense attorney, such as attorney Brett Rosen, you can get the help you need to protect your rights and defend yourself against the charges. There are many reasons why you should choose NJ Attorney Brett M. Rosen to defend your DWI/DUI charge. Here are some of them:

• He is one of the top criminal defense attorneys of 2023, according to LA Weekly.
• He has a proven track record of winning seemingly impossible cases, such as a recent acquittal of a karate instructor accused of sexual assault.
• He is passionate, dedicated, and assertive in representing his clients, standing up for their rights and challenging the evidence against them.
• He is experienced in handling robbery cases, which are serious offenses that can result in long prison terms and hefty fines.
• He is an advocate for mental health and well-being within the legal profession, understanding the stress and emotional toll that comes with facing criminal charges.
• He is knowledgeable about the latest advancements in artificial intelligence and their impact on the legal industry, using AI-powered tools to enhance his practice.

These are just some of the reasons why NJ attorney Brett M. Rosen is a great choice for your DUI/DWI defense.

Contact our office today for a consultation regarding you or your loved one’s first offense DWI in New Jersey.