DUI Attorney Westfield, NJ

Were you arrested for Driving Under the Influence (DUI) in Westfield, New Jersey? Don’t navigate this complex legal battle alone. The consequences of a DUI conviction can be severe, impacting your driving privileges, finances, and even your freedom. Brett M. Rosen, Esq. has a proven track record of successful outcomes, Brett is a certified by the Supreme Court of New Jersey Criminal Trial Attorney. His strategic defense, comprehensive legal acumen, and personal commitment make him an excellent choice for navigating the complexities of DUI cases. Whether you’re dealing with a first offense or subsequent charges, Brett’s meticulous attention to detail ensures robust representation. Contact him today for a confidential consultation and protect your future. 

Understanding DUI Charges in Westfield, NJ: N.J.S.A. 39:4-50

Driving Under the Influence, also known as Driving While Intoxicated (DWI), is a serious offense in New Jersey. It is defined as operating a motor vehicle while your ability to drive is impaired by alcohol or drugs. Even a first-time offense can lead to significant penalties.

The Impact of a Westfield DUI Conviction

• License Suspension:
  
  • First Offense:
    
    • BAC 0.08 to 0.09
      
      • A fine of $250-$400
      • Imprisonment for up to 30 days
      • Driver’s license forfeiture until ignition interlock
        installed.
      • Interlock required for 3 months
      • A minimum of six hours a day for two consecutive
        days in an Intoxicated Driver Resource Center
      • An automobile insurance surcharge of $1,000 a
        year for 3 years
    • BAC 0.10 to 0.14
      
      • A fine of $300-$500
      • Imprisonment for up to 30 days
      • Driver’s license forfeiture until ignition interlock
        installed.
      • Interlock required for 7 months to one
        (1) year
      • A minimum of six hours a day for two consecutive
        days in an Intoxicated Driver Resource Center
      • An automobile insurance surcharge of $1,000 a
        year for 3 years
    • BAC 0.15 or higher
      
      • must install an ignition interlock device in one vehicle they
        principally operate during the license suspension
        period of 4 to 6 months and for a period of 9 months to
        15 months after license restoration.
  • Second Offense:
    
    • A fine of $500-$1,000
    • Imprisonment of at least 48 consecutive hours, and
      up to 90 days
    • Minimum 1-year and up to 2-year license suspension
    • Completion of evaluation, referral and program
      requirements of the IDRC
    • 30 days of community service
    • An automobile insurance surcharge of $1,000 a
      year for 3 years
    • Installation of an ignition interlock device for a
      period of license suspension and 2 years to 4 years
      after license restoration 
  • Third or Subsequent Offense:
    
    • A fine of $1,000
    • Imprisonment of 180 days except the court may
      lower such term for each day, not exceeding
      90 days, served in a drug or alcohol inpatient
      rehabilitation program approved by IDRC
    • 8 year license suspension
    • 30 days of community service
    • Completion of evaluation, referral and program
      requirements of the IDRC
    • An automobile insurance surcharge of $1,500 a
      year for 3 years
    • Installation of an ignition interlock device for a
      period of license suspension and 2 years to 4 years
      after license restoration

Defenses Against DUI Charges in Westfield, NJ: Protect Your Rights

Facing a DUI charge is daunting, but remember, you have the right to defend yourself. Here are some common legal defenses that can be raised in a Westfield DUI case:

1. Challenging the Traffic Stop:

• Lack of Reasonable Suspicion: The police must have a valid reason to stop your vehicle, such as observing a traffic violation or erratic driving. If the stop was unlawful, any evidence obtained afterward (including field sobriety tests and breathalyzer results) might be inadmissible.
• Pretextual Stop: If the officer stopped you for a minor infraction as an excuse to investigate a DUI, this could be considered a pretextual stop and potentially violate your rights.

2. Disputing Field Sobriety Tests (FSTs):

• Subjective Nature of Tests: FSTs are often subjective, and their results can be influenced by various factors like fatigue, nervousness, medical conditions, or environmental conditions. We can argue that the officer’s interpretation was inaccurate or biased.
• Improper Administration: FSTs must be administered strictly according to standardized procedures. Any deviations from these procedures could render the results unreliable and inadmissible.

3. Questioning Breathalyzer Results:

• Device Malfunction: Breathalyzer devices can malfunction due to improper calibration, lack of maintenance, or operator error. We can investigate the device’s history and challenge its accuracy.
• Rising Blood Alcohol Concentration (BAC): If the test was administered some time after your arrest, your BAC might have been rising at the time of driving, not falling.
• Medical Conditions: Certain medical conditions (e.g., acid reflux, GERD) or substances (e.g., mouthwash) can interfere with breathalyzer results and produce falsely high readings.

4. Alternative Explanations for Impairment:

• Fatigue: Tiredness can mimic signs of intoxication, such as bloodshot eyes or slurred speech.
• Prescription Medications: Certain medications can impair your ability to drive safely, even if taken as prescribed. We can investigate if your medications played a role.

5. Constitutional Violations:

• Miranda Rights: If the officer failed to advise you of your Miranda rights (right to remain silent, right to an attorney), any statements you made could be inadmissible in court.
• Right to a Speedy Trial: If the prosecution unnecessarily delays your trial, we can argue that your right to a speedy trial has been violated.

Additional Considerations:

• Rising BAC Defense: If your BAC was rising at the time of the stop and below the legal limit, this could be a defense.
• Mouth Alcohol: If you consumed alcohol shortly before being pulled over, residual mouth alcohol could skew the breathalyzer results.

Important Note:

The most effective defense strategy depends on the specific details of your case. It’s crucial to consult with an experienced DUI attorney like Brett M. Rosen, Esq., who can assess your situation and tailor a defense to your specific needs.

Remember: You have the right to fight a DUI charge. Don’t let a single mistake jeopardize your future. Contact Brett M. Rosen, Esq. for a free consultation and let us help you protect your rights and driving privileges.

Why Choose Brett M. Rosen, Esq. for Your Westfield DUI Defense?

• Extensive DUI Experience: Attorney Rosen has a proven track record of successfully defending clients against DUI charges in Westfield Municipal Court.
• In-Depth Knowledge of DUI Laws: We stay abreast of the latest changes in New Jersey’s DUI laws and regulations, ensuring you receive the most up-to-date and effective legal representation.
• Thorough Case Preparation: We meticulously examine every aspect of your case, from the initial traffic stop to the administration of field sobriety and breathalyzer tests.
• Aggressive Representation: We aggressively challenge the evidence against you, including the validity of the traffic stop, the accuracy of field sobriety tests, and the reliability of breathalyzer results.

Defending Your Rights and Driving Privileges

We are committed to exploring every possible avenue to protect your rights and minimize the consequences of your DUI charge. Our defense strategies may include:

• Challenging the Traffic Stop: We will investigate whether law enforcement had a valid reason to stop your vehicle. If the stop was illegal, any evidence obtained after that may be inadmissible in court.
• Disputing Field Sobriety Tests: We will scrutinize the administration of field sobriety tests, looking for any errors or inconsistencies that could invalidate the results.
• Questioning Breathalyzer Results: We will analyze the breathalyzer test, including its calibration, maintenance records, and the officer’s training. If the test was not properly administered or the device was faulty, the results may be inadmissible.

Don’t Let a DUI Derail Your Life

A DUI conviction can have a devastating impact on your personal and professional life. Don’t face this challenge alone. Contact Brett M. Rosen, Esq. today for a free consultation.

Call 908-312-0368 to schedule your confidential consultation.

Brett M. Rosen, Esq.  (brett@nynjcriminalcivilesq.com)

We serve Westfield and all of Union County.

Disclaimer: This website is for informational purposes only and does not constitute legal advice.