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\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2021/12/New-Jersey-Supreme-Court-Certified-Attorney.png\")
\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tExperienced New Jersey DWI Attorney and Drunk Driving Lawyer
\t\t\t\tThe state of New Jersey takes DWI offenses very seriously and has some of the strictest DWI laws in the nation. Any DWI conviction, even a first-time DWI conviction, can leave you with a traffic violation record, loss of driving privileges and/or the installation of an Interlock device in your car, jail time, mandatory insurance surcharges and significant fines.\u00a0
Under New Jersey\u2019s DWI laws, any driver having a blood alcohol level (BAC) that is 0.08 percent or more could be charged with DWI/DUI. The penalties for New Jersey DWI cases are based on a range of variables such as whether it’s the first or a repeat offense, severity, whether or not there was an accident, other persons involved in the incident and more. New Jersey DWI penalties can also be based on prior traffic convictions, the extent the BAC is higher than the legal limit, as well as circumstances that led to the conviction.
Nobody in New Jersey should face DWI charges alone. At Rocco Law Offices, New Jersey DWI criminal defense lawyer and our team of experienced criminal defense attorneys have dedicated our careers to the aggressive defense of those who have been charged with a New Jersey DWI offense. If you have been charged with a DWI in New Jersey, we put our vast experience as skilled New Jersey DWI lawyers to work for you to ensure that you get the best defense possible.
\t\t\t\t\t\t\t\tTo schedule a consultation, call us today at \">.
\t\t\t\t\t\t\t\t![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2021/12/adam-pic7.jpg\")
\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tNew Jersey DWI Attorneys Explain Drunk Driving
\t\t\t\tUnlike many other states, drunk driving or DWI is not considered a criminal offense in New Jersey but is a traffic offense. Someone who has been charged with a DWI violation is not entitled to a jury trial, but a judge will be the one deciding the outcome and determining the penalties. However, penalties for breaking the DWI laws are still serious and increase depending on the number of prior offenses, the amount of substance in the driver\u2019s system, and other factors relating to the circumstances and charges.\u00a0
Resolving a DWI is restricted, according to the DWI law in New Jersey. This means that prosecution cannot downgrade charges by engaging in plea agreements. This is why it is vital for you to have drunk driving lawyers who can skillfully get charges dismissed or fully make use of the other remedies available to you.\u00a0
At Rocco Law Offices, DWI attorney and our experienced New Jersey DWI lawyers understand the DWI laws in New Jersey. Our team of skilled criminal defense attorneys also understand the challenges you will face after being charged with a DWI. We have dedicated our careers to the aggressive representation of those who have been charged with a DWI. With our firm in your corner, you can rest assured that you are getting the most skilled representation possible to ensure your best outcome.
\t\t\t\t\t\t\t\tTo schedule a free initial consultation, call us today at \">.
\t\t\t\t\t\t\t\tNew Jersey DUI Lawyers at Rocco Law Offices Discuss DWI
\t\t\t\tAccording to the DWI laws in New Jersey, driving while intoxicated (DWI) or driving under the influence (DUI) are the same thing. Both terms are often used interchangeably. Violations are covered under New Jersey statutory law N.J.S.A. 39:4-50.
This statute defines a DWI offense as anyone:
\t\t\t\t\t\t\t\t- \n\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWho operates a motor vehicle while under the influence of alcohol, or a narcotic, hallucinogenic, or habit-producing drug, or\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWho operates a motor vehicle with a blood alcohol concentration of 0.08% or more, or\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWho permits another person who is under the influence of alcohol, or a narcotic, hallucinogenic, or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWho permits another to operate a motor vehicle with a blood alcohol concentration of 0.08%\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t
When there is evidence that an individual has a blood alcohol concentration of 0.08% or more, New Jersey law presumes that they are intoxicated. This is referred to as DWI.\u00a0
New Jersey state law requires that any driver that has been pulled over for suspected impaired driving must submit to a breath test.\u00a0 A refusal of a breath test is possible, but this breath test refusal will result in a separate motor vehicle offense with generally the same penalties as would have been imposed for a DWI conviction.
If you have been charged with a DWI, having the assistance of a skilled New Jersey DWI criminal defense attorney is essential. At Rocco Law Offices, DWI attorney and our team of skilled criminal defense lawyers can help you achieve peace of mind.
\t\t\t\t\t\t\t\tTo know more information about how we can help, call us today at \"> to schedule a consultation.
\t\t\t\t\t\t\t\tWe have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
\t\t\t\t\t\t\t\t![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2022/01/dwi-dui-image5.jpg\")
\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tDWI Attorney Explain How Blood Alcohol Concentration is Established in A DWI Case
\t\t\t\tIn New Jersey and throughout the United States, the standard legal limit of BAC is 0.08% or higher to be considered legally impaired. Blood alcohol concentration refers to the amount of alcohol in an individual\u2019s bloodstream. A BAC of 0.08% means that there are 0.08 grams of alcohol per 100 milliliters of blood.\u00a0
Blood alcohol content is established through certain tests administered both at the scene of the traffic stop and/or at the police station. Field sobriety tests will be administered at the scene and further confirmed by breath, blood, or urine tests at the station or at a hospital.\u00a0
Breath measurement devices measure the amount of alcohol in an individual\u2019s breath and then take this figure to calculate the amount present in that person\u2019s bloodstream. The more alcohol present in the bloodstream, the more impaired the individual is likely to be. However, neither breath tests nor blood tests are infallible when it comes to establishing BAC levels.\u00a0
At Rocco Law Offices, criminal defense attorney our experienced New Jersey DWI lawyers understand the ways that these tests can be challenged in serious DWI cases. If you have been arrested on a DWI charge, one of the first lines of defense is questioning the way a breath test or other chemical test was administered and analyzed.
\t\t\t\t\t\t\t\tFor more information about DWI cases and how we can help, call us today at \">.\u00a0
\t\t\t\t\t\t\t\tAttorney Discusses Drunk Driving Checkpoints in New Jersey
\t\t\t\tIf you are suspected of impaired driving in New Jersey, a law enforcement officer will make a traffic stop. Police in New Jersey consider specific erratic or other behavior when making the decision to pull someone over. You do not have to violate any law to be pulled over for a DWI. An arresting officer will look for specific signs that you have been drinking and will conduct some type of field sobriety test before taking you to the police station, such as:
\t\t\t\t\t\t\t\t- \n\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tEye-tracking or horizontal gaze nystagmus test\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tHead tilt test\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tOne leg balance test\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tHeal to toe test\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tFinger to nose test\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tCounting or reciting the alphabet\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t
![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2022/01/Adam-M-Lustberg-6.jpg\")
\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tOnce you are at the police station, you will be required to undergo some type of chemical test. These tests are done to determine your blood alcohol concentration, especially if you\u2019re suspected to violate the New Jersey DWI laws. This will be done through a breath, blood, or urine test. If you have been involved in an accident that requires medical care, a chemical test will be administered at the hospital. You are required by state implied consent laws to submit to a breath test.\u00a0
A DWI is a serious charge with severe consequences. When you have been charged with a DWI in New Jersey, your first course of action should be to seek skilled legal guidance. DWI attorney and the experienced New Jersey criminal defense attorneys at Rocco Law Offices can act as your legal advocates, at your side each step of the way.
\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tDWI Lawyers Discuss Refusing a Breathalyzer Test for a DWI Case\n\t\t\t\t\t
\n\t\t\t\t\tRefusal to submit to a breathalyzer test has its own consequences, whether or not you are ultimately convicted of a DWI. Refusing to take a breath test can result in license suspension of up to a year, a fine of between $300 and $500, and the installation of an ignition interlock device. You are often better off defending against DWI charges rather than refusing to take a breath test and being charged with that refusal in addition to the DWI.
A tenacious litigator who won\u2019t back down. Prepared to challenge the evidence against you and will fight to protect your rights.
\t\t\t\t\t\t\t\tAttorney Examines How a DWI Stop Works in the Case of a Drug Impairment
\t\t\t\tWhile law enforcement has ways of measuring the amount of alcohol in an individual\u2019s system, it becomes more complicated in cases of drug impairment.\u00a0
If you are suspected of driving under the influence of a drug, you will be taken to the police station where you may be evaluated for drugs using urine or blood tests. You may also be evaluated by an officer that is a specially trained Drug Recognition Expert (\u201cDRE\u201d). DRE\u2019s have ways to evaluate an individual\u2019s drug impairment through a variety of tests that look at things like basic vitals, balance, pupil dilation, muscle tone, and toxicology.
The protocol used by DRE\u2019s can determine:
\t\t\t\t\t\t\t\t- \n\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tIf you are impaired\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWhether the impairment is a medical condition or due to drug use\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tIn the case of drug use, what category of drugs is the cause of the impairment\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t
Depending on what tests were used to determine a drug-based DWI charge, there are several ways that results can be challenged. When you have been charged with a drug-based DWI, it is critical to get the legal assistance of an experienced New Jersey DWI lawyer.\u00a0
At Rocco Law Offices, LLC, criminal defense attorney and our team of DWI defense lawyers can help you navigate the complexities of a DWI charge.
\t\t\t\t\t\t\t\tIf you or someone you love is involved in a DWI case, call us today at \"> for more information on how we can help.
\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tDWI/DUI Offense Penalties in New Jersey\n\t\t\t\t\t
\n\t\t\t\t\tNew Jersey has very stringent DWI penalties. Those penalties, however, will depend on a variety of factors including how many prior DWI convictions you have had, any other past traffic convictions, what your BAC was and what circumstances led to the traffic stop. DWI penalties will increase with prior convictions and the level of blood alcohol concentration.
- For a first time offense with a BAC of between 0.08% and 0.10%, the driver\u2019s license will be suspended for three months, and the driver can face a jail sentence of up to 30 days, fines of between $250 and $400, required attendance in IDRC of between 12 and 48 hours, and insurance surcharges of $1,000 per year for three years.
- For a first time offense with a BAC of over 0.10%, the driver\u2019s license will be suspended for seven months to one year, and the driver can face a jail sentence of up to 30 days, fines of between $300 and $500, required attendance in an intoxicated driver program of between 12 and 48 hours, and insurance surcharges of $1,000 per year for three years.
- For a second DWI offense, the driver\u2019s license will be suspended for two years, and the driver can face a jail sentence of up to 90 days, fines of between $500 and $1,000, required attendance in an intoxicated driver program of between 12 and 48 hours, insurance surcharges of $1,000 per year for three years, and the potential of 30 days of community service.
- For a third DWI offense committed within 10 years of the second offense, the driver\u2019s license will be suspended for 10 years, and the driver can face jail time of up to 180 days, a fine of $1,000, required attendance in an intoxicated driver program, insurance surcharges of $1,500 per year for three years, and a maximum of 90 days of community service
For a first time offense with a BAC below 0.15%, it will be the judge\u2019s discretion whether to order the installation of an ignition interlock device on the vehicle after license suspension. Any driver convicted of a first time DWI with a BAC of 0.15% or higher, or a second, third, or subsequent conviction, will be automatically mandated to install an ignition interlock device on their vehicle after their license suspension has concluded.\u00a0
At Rocco Law Offices, our experienced team of New Jersey DWI attorneys have a number of defense strategies available to us depending on the circumstances surrounding your charges. It is critical that you don\u2019t face these serious charges alone.
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tDWI Defense Strategies\n\t\t\t\t\t
\n\t\t\t\t\tGiven the inability to plea bargain and get charges reduced, a legal defense for DWI charges in New Jersey will first consider getting the charges dismissed. Defense strategies available for this include:
- Proving there was not an appropriate basis for the stop in the first place \u2013 In order for a traffic stop to be considered constitutional, the arresting officer must have had a reasonable suspicion that the driver was intoxicated or committed a motor vehicle violation.
- Proving operation \u2013 An essential element of a DWI charge is proving that the driver was in actual operation of the vehicle.
- Probable cause for an arrest \u2013 In order for an officer to make an arrest, there must be probable cause to believe the individual operated the vehicle while intoxicated and not just mere suspicion. This will most often rely on results of a well-established and properly conducted field sobriety test.
- Reliable chemical evidence \u2013 Blood alcohol concentration must be established to provide admissible evidence of a DWI. This is done through a breathalyzer, urinalysis or blood test. A refusal to these tests is possible and these tests can be proven fallible in many different ways.
In addition to these lines of defense, there are other opportunities that are available to a skilled New Jersey DWI defense attorney to lessen the severity or impact of a conviction. Judges have many tools available to punish offenders, some much more lenient than others. The quality of your defense is critical to ensure that your outcome is the best possible one considering your situation. A DWI conviction is serious. You should never face these charges without skilled legal representation.
![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2021/12/adam-pic6.jpg\")
\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tAggressive Representation a DWI in New Jersey
\t\t\t\tand the team at Rocco Law Offices are dedicated to the skilled and aggressive defense of those who have been charged with a DWI in New Jersey. If you have been charged with a DWI/DUI, our experienced New Jersey attorneys will advocate for you each step of the way. DWI charges can affect your life in many ways. Getting the best possible legal defense is critical.
\t\t\t\t\t\t\t\tCall us at \"> or contact us at our website for more information on how to schedule a consultation and discuss your case.
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