DUI FACTS - NJ DUI Attorney

Driving Under the Influence (DUI or DWI)

We have represented numerous multiple time DUI offenders and they were found not guilty with our experienced defense team.  Don't lose your license and suffer the consequences when you can hire a NJ DUI Defense Attorney and win!

State of New Jersey Blood Alcohol Content (BAC) Laws:

§  All drivers with a BAC of .08 or higher.

§  Under 21 with a BAC of .01 or ANY Detectable Amount of Alcohol

§  Commercial Vehicle Driver with a BAC of .04 or higher

A Defendant can be convicted of New Jersey DWI (N.J.S.A. 39:4-50) if the State proves beyond a reasonable doubt that he was:

§  Operating a motor vehicle while under the influence of alcohol (by “observations” of intoxication such as poor performance on balance testing, swaying, staggering, slurred speech, etc.), or

§  New Jersey imposed the installation of an IID on the car of anyone convicted of a DUI who has restricted driving privilege. The device must be installed and maintained for the duration of the restricted privilege.

§  All drivers that travel on the roadways of the State consent to submitting a chemical test of their blood, breath or urine if an officer of the law suspects that the driver is intoxicated.

Any person convicted of an alcohol related traffic offense must participate in a program at an Intoxicated Driving Resource Center (IDRC):

New Jersey has an IDRC in each county for first and third-time offenders and three regional centers for second-time offenders

During the program, offenders attend mandatory Alcohol and Highway Safety Education courses

IDRC also evaluates each offender for an alcohol or drug problem and determines the need for treatment

If treatment is needed, the center refers the offender to an appropriate provider for a 16-week minimum treatment Offender may supplement the treatment with attendance at a self-help group IDRC monitors compliance and reports noncompliance to the courts and MVC

Satisfactory participation in IDRC is a step toward restoring your license.

Failure to comply will result in further license suspension and possible jail time.

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FIELD SOBRIETY TEST

Field Sobriety Test| NJ DUI Attorney

There are standardized field sobriety test which will be recognized by the court and then there are non-standardized field sobriety tests. A knowledgeable New Jersey DUI/DWI attorney will tell you that tests such as finger to nose, reciting the alphabet and finger counting are not standardized and should not be used as evidence in court.

When the field sobriety tests were in development, there were six tests undergoing study. They were:

1.        The Walk and Turn (WAT)

2.        The One Legged Stand (OLS)

3.        Horizontal Gaze Nystagmus (HGN)

4.        Finger to Nose

5.        Finger Counting

6.        Drawing on Paper

Out of these six, three were determined to be reliable and accurate enough to continue with further study. These were the Walk and Turn, One Legged Stand, and Horizontal Gaze Nystagmus.

With further study, they determined the accuracy of the tests in predicting a BAC of 0.10%:

§  Walk and Turn: 68%

§  Horizontal Gaze Nystagmus: 77%

§  One Legged Stand: 65%

§  Horizontal Gaze Nystagmus & Walk and Turn: 80%

These tests have been validated for alcohol only and not for other drugs. A New Jersey DUI/DWI lawyer knows the deficiencies and room for error in field sobriety tests and can argue against them being used as evidence in your case.