How Do You Get a DUI Dismissed in New Jersey?

Charges of DUI in New Jersey can lead to serious legal consequences such as restrictions on your ability to drive, suspensions on your license, the installation of an ignition interlock device on your vehicles, and imprisonment if you are convicted. The repercussions of a DUI conviction can affect not only your personal life but also your professional prospects.

DUI charges can sometimes be dismissed or result in reduced DUI charges if you have the assistance of an experienced New Jersey DUI lawyer. A skilled attorney can help you understand the impact of your charges and represent your best interests in court. At The Kugel Law Firm, we thoroughly investigate the cases we handle, which allows us to build a personalized legal defense. We understand the severity of DUI charges and work hard to represent our clients’ best interests. Our trial-ready attorneys are available for a consultation. Call (973) 854-0098 today to schedule a free strategy session today.

Can a DUI be dismissed?

In New Jersey, the possibility of dismissing a DUI (Driving Under the Influence) charge exists under certain circumstances, depending on the specific circumstances of the case and the evidence presented. There are several ways a DUI charge may be dismissed in New Jersey, including:

• Breathalyzer misuse by arresting officer: The breathalyzer, a device used to measure blood alcohol levels, has been in use in New Jersey for decades. However, due to its susceptibility to misuse, faulty readings can occur.
• Non-compliance with legal procedures by an arresting officer: During a DUI arrest, strict legal procedures must be followed. Failure to adhere to these protocols, such as improper checkpoint setup or insufficient probable cause for a field test, could lead to the case being dismissed. Moreover, it is crucial that the arresting officer reads a driver’s Miranda rights when placing them under arrest.
• Use of non-standard field sobriety test by arresting officer: The approval of standardized field sobriety tests for determining intoxication levels is granted by the National Highway Traffic Safety Administration. Deviating from the prescribed measures when evaluating inebriation may result in case dismissal. Moreover, as legal alcohol concentration limits have decreased over the years, questions have been raised about the accuracy of some Standardized Field Sobriety Tests, potentially impacting the validity of the test results.

If you’re facing a DUI charge in New Jersey and wondering about the possibility of your case’s dismissal, it’s essential to consult with a New Jersey DUI lawyer. At The Kugel Law Firm, our lawyers deeply understand DUI cases and can employ effective strategies to challenge the evidence, question the validity of sobriety tests, and identify potential procedural errors. Contact us today to build a strong defense and to achieve the best outcome possible in your situation.

Can a DUI Case Be Dismissed at Arraignment?

During the arraignment in a DUI case, the court formally informs you of the charges and asks for your plea. At this stage, your attorney may take steps to challenge the case, such as filing a motion to suppress evidence. If the court finds that the evidence was obtained unlawfully—such as through an improper stop or an illegal search—it may be excluded from the trial. Excluding key evidence could weaken the prosecution’s case, which might lead to a dismissal of the charges, though this outcome is not guaranteed.

Your attorney might also challenge procedural issues, such as the legality of the traffic stop or the administration of field sobriety tests. Success in these challenges could potentially result in the dismissal of charges. However, dismissals at the arraignment stage are relatively uncommon and depend on the specifics of your case.

Beyond the arraignment, pretrial proceedings like status conferences offer additional opportunities for negotiation. The court often encourages resolving the case without going to trial, which may involve plea deals or other alternatives. While dismissal at the arraignment stage is possible, it is more common for the case to progress further before a dismissal is considered.

Working with a knowledgeable New Jersey DUI lawyer is essential for addressing these challenges and improving your chances of a favorable outcome. Contact The Kugel Law Firm today to get the support you need.

Odds of Getting a DUI Dropped

The prospect of facing a DUI charge can be daunting, with the potential for significant legal consequences. However, there is a glimmer of hope for those caught in such a predicament, particularly when looking at the trends in New Jersey. According to the most recent New Jersey Municipal Court statistics, the rate of DUI dismissals can fluctuate annually. For instance, court statistics reveal that a notable percentage of DUI cases are ultimately dismissed each year. While this rate can vary, it highlights that a significant number of DUI charges are successfully challenged. This is often attributed to rigorous legal defense, higher standards for evidence, and strict procedural requirements that law enforcement must follow.

Several factors contribute to the increasing odds of getting a DUI dropped. Firstly, the implementation of more rigorous legal protocols has led to a higher standard of evidence being required for convictions. In this vein, if law enforcement procedures during the arrest were flawed, such as issues with the breathalyzer calibration or a lack of probable cause for the initial stop, the charges might be dismissed.

Legal representation also plays a crucial role. An experienced DUI attorney can navigate DUI laws, identifying procedural errors or negotiating with prosecutors, which can result in dismissed or reduced charges. Moreover, DUI laws and court rulings are constantly evolving, and knowledgeable legal counsel can leverage these changes to benefit their clients.

It’s important to note that while the statistics show an upward trend in dismissals, each DUI case is unique, and outcomes depend on specific circumstances. Therefore, these figures should not foster complacency but rather emphasize the importance of seeking competent legal advice when faced with DUI charges.

Is It Possible To Negotiate a Plea Bargain for a DUI Charge in New Jersey?

A plea bargain is an agreement between the prosecutor and the defendant regarding the terms of the case. In a plea agreement, the defendant agrees to plead guilty to lesser charges than the original charges in exchange for the more serious charges being dismissed. 

In some instances, what is meant by “bargain” is where a defendant pleads guilty to the original charge in exchange for lesser penalties during sentencing. For these cases, the prosecutor will recommend the minimum sentencing penalties, but it is up to the judge if they choose to follow the prosecutor’s recommendations.

While plea bargains happen regularly in the New Jersey criminal justice system, some charges such as DWI cannot be commuted or mitigated. Also, a DUI/DWI charge in New Jersey is treated as a quasi-criminal offense, meaning that, while it does not go into a defendant’s criminal history, the penalties upon a conviction can still be severe.

In 2005, the state issued guidelines regarding how the prosecution should treat DWI charges as well as DWI charges wherein the defendant refused a chemical test. In the interest of uniformity in the prosecution of these charges in New Jersey, defendants charged under N.J.S.A. 39:4-50 (the impaired driving statute) and N.J.S.A. 39:4-50.2 (the statute concerned with the refusal of the BAC test) are not to be given the opportunity to use a plea bargain to reduce or commute their charges. 

One of the limited exceptions to this rule is when a defendant has been charged with both a DWI and a test refusal charge on a second or subsequent offense court may be open to allow a dismissal of the refusal charge if the defendant pleads guilty to the DWI. In cases where there are multiple charges levied against the defendant and these charges are not related to the DWI or not a charge under statutes limiting plea bargaining, a prosecutor may offer to commute the charges or dismiss them.

While using a plea bargain and commuting DWI charges have been prohibited by the law, it is still possible to get a DWI charge dismissed or reduced when there is a legal reason to do so. If there is a breach in the protocol or lack of evidence that could lessen the chances of a prosecutor making a case against the defendant, the prosecutor can dismiss the DWI charges with the approval of a judge. This would not be a “plea bargain” and therefore can be accepted under the right circumstances. 

The dismissal rates for DUI charges can often be significant and tend to fluctuate over time, indicating that it is possible for charges to be dropped. To further increase your chances of a dismissal, seeking the help of an experienced DWI attorney who can thoroughly investigate the circumstances of your case to identify any inconsistencies is important. Contact The Kugel Law Firm today to learn more about how we can help and to schedule a free strategy session.

Is Conditional Dismissal an Option for New Jersey DUI Cases?

Facing a DUI charge in New Jersey can feel overwhelming, and you’re likely looking for any available option to resolve your case. This leads many to ask about programs like Conditional Dismissal.

The straightforward answer is that Conditional Dismissal is not an option for a DUI case in New Jersey. While it can be a path forward for certain minor offenses, the state has very strict rules when it comes to driving under the influence.  

You may have heard of New Jersey’s diversionary programs, such as Conditional Dismissal, Conditional Discharge, and Pre-Trial Intervention (PTI). These programs are designed to give some first-time offenders charged with non-violent disorderly persons or criminal offenses a second chance, allowing them to avoid a conviction by completing a period of supervised probation.  

However, New Jersey law takes a firm and specific stance on DUI offenses. The statutes that created these diversionary programs explicitly bar anyone charged with a DUI (also known as DWI, or Driving While Intoxicated) from participating. This exclusion is written directly into the law governing Conditional Dismissal. This means that no matter the circumstances of your case, a judge cannot grant a Conditional Dismissal for a DUI. Even if it is your first offense, the court cannot offer this specific diversionary path.  

While formal diversionary programs remain off-limits, this does not mean you are without options. An attorney can carefully review every detail of your arrest and build a defense strategy focused on other legal challenges available in your situation.

Elements of a DUI/DWI Charge

The elements in a legal charge are the factors that the prosecution must prove beyond a reasonable doubt. In a DWI case, the following circumstances must be proven to convict the defendant successfully.

• That the defendant was operating a vehicle
• That the defendant’s driving capacity was impaired due to the influence of alcohol or drugs, or that they had an illegal amount of drugs or alcohol in their system while they were driving the vehicle

Aside from these two elements, the defense can also challenge other facts of the case, such as the legitimacy of the traffic stop, whether the arresting officers followed the proper procedure, whether the field sobriety tests were administered properly, and how the court handled the case. 

At The Kugel Law Firm, top-rated DWI attorney Rachel Kugel is familiar with the ins and outs of a DWI charge. Our team of legal professionals can help you understand your charges and represent your best interests in court. Schedule a free strategy session today.

Possible Defenses to New Jersey DUI Charges 

When trying to get a charge dismissed, the defense can challenge the legal basis of the charges or the facts of the case itself. This can be done through careful investigation and scrutiny of the evidence and the statements of the defendant as well as the arresting officers, among other things. Possible defenses can include:

Lack of Probable Cause

The New Jersey Constitution prohibits conducting illegal and unreasonable searches and seizures. When you get pulled over by law enforcement, they must have probable cause as to why they are making the traffic stop. Probably cause means that there is a reasonable suspicion that a crime has been committed or that you were committing a motor vehicle offense when you were stopped. If the probable cause cannot be established, any evidence gathered through the arrest is considered “fruit of the poisonous tree” and will be inadmissible in court. Thus, the charges can be dismissed.

Violations in the Arrest Protocol

Defendants in a DWI case have to be read their Miranda rights when an arrest is being made. It is also important that the person being arrested is clearly informed that they are under arrest. If the defendant is not read their rights upon the arrest can cause any evidence gathered in custody to be inadmissible in court. Miranda rights are a requirement upheld by the US Constitution. 

For instances of a test refusal, defendants should also be read an implied consent warning in a language they understand. 

Challenging the Evidence

The breath test, the chemical test, the field sobriety test, and even the arresting officer’s recollection of the arrest can all be challenged as part of the defense. If the tests were administered incorrectly or if there are circumstances that caused a false positive, it can serve as a viable challenge to the prosecution’s case.

In New Jersey, law enforcement officers need a certification to be able to administer a breath test. If the arresting officer does not have the necessary and current credentials, it can nullify the results of the breath test and render this evidence inadmissible. Breath tests are also required to be calibrated, and information regarding the foundational documentation must be provided to the defense during the discovery period.

The same thing applies to field sobriety tests. Only tests approved by the NHTSA have been studied and found to be meaningful in determining the merits of a DWI prosecution. The use of non-standardized sobriety tests, while not banned, often does not carry much evidentiary weight. The tests should also be conducted in a well-lit area with no debris around. The defendant’s physical constitution should also be able to withstand the test. Attributes like being overweight, over a certain age, or suffering from physical limitations or medical issues should be taken into consideration by the officer evaluating these tests. 

The defense is also welcome to introduce its own evidence. What seems to be red eyes due to being intoxicated can be a result of allergies. What the arresting officers observed as impaired driving behavior can be a result of an underlying medical condition. Additional support from a medical professional may be needed to clarify these circumstances.

Legal Inadequacies

The prosecution is required to provide evidence relevant to the DUI/DWI charges as part of the discovery process. If this is not followed, the defense can file a motion to force the prosecution to produce the evidence. If they still do not comply with the court’s order, the case may be dismissed entirely.

The defendant also has the right to a speedy trial. DUI/DWI cases are supposed to be resolved within 60 days. Any delays caused by the prosecutor which cause the case to surpass this threshold can be used as grounds to dismiss the charges.

Possible Defenses to New Jersey DUI Charges	Description
Lack of Probable Cause	Challenge the legality of the traffic stop and arrest, arguing that there was no reasonable suspicion of a crime or motor vehicle offense.
Violations in the Arrest Protocol	Assert that the defendant’s Miranda rights were not read or implied consent warning not given, leading to potential inadmissibility of evidence.
Challenging the Evidence	Challenge the accuracy and validity of the breath, chemical, and field sobriety tests as well as the arresting officer’s recollection of the arrest.
Legal Inadequacies	Demand the prosecution to provide relevant evidence as part of the discovery process and ensure a speedy trial to avoid dismissal of the case.

Depending on the circumstances of your specific DUI/DWI case, a different defense could be more applicable. At The Kugel Law Firm, we provide quality legal counsel and representation and work diligently to investigate and build the best defense strategy applicable. We understand that a DWI conviction can have long-standing consequences on a person’s life. You don’t have to face your charges alone. Contact us today at (973) 854-0098 to schedule a consultation.

from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/how-do-you-get-a-dui-dismissed-in-new-jersey/

What Are The Penalties for a Fourth DWI in New Jersey?

Facing a fourth DUI conviction in New Jersey is a grave matter that comes with severe and lasting consequences. The implications of such a conviction extend beyond legal penalties, affecting personal freedoms, professional opportunities, and social relationships. Given the escalating severity of penalties with each subsequent offense, understanding the potential consequences and legal rights is crucial for anyone in this situation. A significant penalty includes a mandatory suspended license, further restricting an individual’s autonomy.

The Kugel Law Firm has continuously provided experienced legal support to individuals charged with a fourth DUI in New Jersey. Our New Jersey DUI attorneys possess a deep understanding of DUI laws and are prepared to offer comprehensive legal assistance. We focus on providing a robust defense by challenging procedural and evidentiary aspects of the DUI charge and mitigating the potential penalties where possible. Our goal is to protect your rights and work towards the best possible outcome, considering the circumstances of your case.

If you or someone you know is facing the daunting prospect of a fourth DUI conviction in New Jersey, it’s crucial to act swiftly and seek knowledgeable legal guidance. The Kugel Law Firm offers the support and advocacy needed to address these serious charges effectively. Contact us today at (973) 854-0098 to discuss your case and explore your options. Remember, a timely and informed response is essential in protecting your rights and future.

New Jersey Penalties for a Fourth DWI Conviction

A fourth DWI conviction in New Jersey applies when an individual is found guilty of driving under the influence for the fourth time. To be charged, the blood alcohol concentration (BAC) must be 0.08% or higher, which aligns with the BAC thresholds for earlier DWI offenses.

The level of offense (1st, 2nd, 3rd, 4th) is of utmost importance in defending these cases. The strategy to argue the sentencing posture of the case can mean the difference between a short livable revocation and decades without your license. It can mean the difference between no mandatory jail term and a mandatory 6 months in jail. 

Key Differences Between Fourth and Previous DWI Convictions

The penalties for a fourth DWI in New Jersey are designed to be particularly punitive to deter the high-risk behavior associated with recurrent drunk driving. Here are some of the notable differences:

• Increased Financial Penalties: While fines for the first through third DWI convictions vary, the fines for a fourth conviction are typically at the highest end of the spectrum, often exceeding several thousand dollars.
• Mandatory Jail Time: Unlike earlier convictions where jail time might be waived or reduced, a fourth DWI conviction comes with a mandatory incarceration period. The minimum jail term is substantially longer, reflecting the state’s stricter stance on repeat offenders.
• Extended License Suspension: For a fourth DWI conviction, the driver faces an extended license suspension period. This compares to shorter periods for earlier convictions and represents one of the most significant deterrents under New Jersey law.

These stringent measures underscore New Jersey’s rigorous approach to handling recurrent DWI offenses, aiming to significantly reduce the risk such drivers pose to public safety. For individuals facing charges, understanding these differences is key to comprehending the gravity of their situation and seeking appropriate legal counsel.

Key Differences	Description
Increased Financial Penalties	Fines for a fourth conviction are typically at the highest end, often exceeding several thousand dollars.
Mandatory Jail Time	A fourth DWI conviction comes with a mandatory incarceration period, substantially longer than earlier convictions.
Extended License Suspension	The driver faces an extended license suspension period, significantly longer than for earlier convictions.
Permanent Record Implications	The fourth conviction leads to more enduring consequences on criminal records, affecting employment and personal freedoms.

Does a Prior Refusal Count Toward Your Fourth DWI in New Jersey?

Facing a fourth DWI charge in New Jersey is an incredibly serious situation, and it’s natural to have questions about how your past record might affect your current situation. A common point of confusion is whether a prior conviction for refusing to submit to a breath test will be treated as a prior DWI, escalating the penalties you face.

Under New Jersey law, a prior conviction for refusal does not automatically count as a prior DWI conviction for the purpose of sentencing on a later DWI charge. This means that if you have three prior DWI convictions and one prior refusal conviction, the new charge will be treated as your fourth DWI, not your fifth. The statutes governing DWI and refusal are distinct, and the penalties for each are outlined separately.

However, the reverse is true. A prior DWI conviction does enhance the penalties for a later refusal conviction. A person with prior DWIs who later refuses to submit to chemical testing will face more serious penalties under the refusal statute.

A fourth DWI conviction in New Jersey carries serious, life-altering consequences. When imposing penalties, the court will consider your entire driving history, not just prior DWI convictions, but also any refusal offenses. Since both types of violations remain on your record and can affect future sentencing, it’s essential to have an experienced defense attorney assess your case. The right legal counsel can clarify how your past offenses may impact the outcome and work to build the strongest possible defense.

Detailed Penalties for a Fourth DWI Conviction

In New Jersey, penalties for a fourth DWI conviction are structured to serve as a strong deterrent against repeat offenses. These penalties are severe and encompass hefty fines, mandatory jail time, and prolonged license suspension. This section explores each of these penalties in detail, illustrating the legal consequences facing those convicted of a fourth DWI.

Fines and Financial Penalties Specific to Fourth DWIs

For a fourth DWI conviction in New Jersey, the court imposes a mandatory fine of $1,000. However, the financial burden does not end with fines alone. Convicted individuals may also face additional financial obligations such as:

• Surcharge: New Jersey imposes a surcharge of $1,500 per year for three years, which is mandatory for all DWI convictions.
• Costs Associated with Ignition Interlock Devices: Installation and maintenance of ignition interlock devices, required during the license suspension period and possibly beyond, add to the financial strain.
• Increased Insurance Premiums: Given the repeat offenses, insurers categorize such drivers as high-risk, significantly increasing insurance premiums.

These financial penalties are designed to impress upon the offender the seriousness of their repeated actions and the financial implications of their choices.

Jail Time Requirements: Minimums and Maximums

A fourth DWI conviction carries mandatory incarceration. The minimum jail sentence is 180 days, which cannot be suspended or reduced. Unlike earlier convictions where alternative community service might replace jail time, the law mandates jail time for fourth-time offenders as a non-negotiable penalty.

In some cases, part of the jail time (up to 90 days) can be served in an in-patient rehabilitation program approved by the court. This allowance aims to address underlying issues related to alcohol or substance abuse, demonstrating a balance between punitive measures and rehabilitative support.

Duration of License Suspension for Fourth-Time Offenders

The driver’s license suspension period is significantly extended for those convicted of a fourth DWI in New Jersey. The minimum suspension period is 8 years.

This extended suspension serves multiple purposes:

• Prevents further offenses by limiting access to driving.
• Provides a prolonged period for the offender to engage in rehabilitative programs.
• Acts as a severe deterrent not only to the individual but also to the community, underscoring the serious consequences of repeated DWI offenses.

The detailed penalties for a fourth DWI conviction in New Jersey are designed to be punitive and rehabilitative, aiming to reduce the incidence of repeat offenses and enhance road safety. These measures reflect the state’s commitment to holding repeat offenders accountable while also providing opportunities for behavioral change.

Comparison of Penalties: First to Fourth DWI Convictions

In New Jersey, the penalties for Driving While Intoxicated (DWI) escalate significantly with each subsequent conviction. This progression is designed to deter repeat offenses and reflect the increasing risk posed by habitual offenders to public safety. The comparison of penalties from the first to the fourth DWI highlights the state’s rigorous approach to combating repeat DWI occurrences.

Financial Penalties: First DWI vs. Fourth DWI

Financial penalties increase with each DWI conviction in New Jersey:

• First DWI: Fines range from $250 to $400 if the Blood Alcohol Concentration (BAC) is 0.08% but less than 0.10%, and $300 to $500 if the BAC is 0.10% or higher.
• Fourth DWI: The fine escalates significantly to between $1,000 and $1,500.

Besides base fines, additional financial obligations such as surcharges, fees for court funds, and costs associated with mandatory alcohol education programs (like those provided by the Intoxicated Driver Resource Center) also increase. The cumulative financial impact serves as a substantial deterrent, emphasizing the state’s stance on reducing DWI recidivism.

Jail Time: Increasing Severity with Each Conviction

Jail sentences become more severe with each DWI conviction to underscore the increased public risk and penalize repeat behavior:

• First DWI: Incarceration is not mandatory and, if imposed, can range from a few days up to 30 days.
• Fourth DWI: A mandatory minimum jail sentence of 180 days is imposed, reflecting the state’s commitment to penalizing and rehabilitating repeat offenders. This mandatory jail time does not offer the flexibility of community service or other alternatives that might be available with earlier convictions.

License Suspension Duration Across Multiple DWI Convictions

The duration of license suspension also increases with each conviction, significantly impacting an offender’s mobility and lifestyle:

• First DWI: For a first offense, license suspension is now replaced by the mandatory installation of an ignition interlock device (IID). The IID must be installed for a period of 3 months (for a BAC of 0.08% to <0.10%), 7 to 12 months (for a BAC of 0.10% to <0.15%), or 13 to 15 months (for a BAC of 0.15% or higher, or for refusal).
• Fourth DWI: The license is suspended for 8 years, showcasing a severe restriction intended to prevent further offenses and encourage behavioral change.

This escalating scale of penalties serves multiple purposes: it acts as a deterrent, penalizes the offender, and provides opportunities for intervention and rehabilitation. The progression of penalties from the first through the fourth DWI in New Jersey reveals the serious consequences of repeated offenses, which are aimed at both punishing and preventing unlawful behavior.

Additional Legal Consequences of a Fourth DWI

In New Jersey, a fourth DWI conviction not only results in direct penalties such as fines, jail time, and license suspension but also brings additional legal consequences that further impact an offender’s life significantly. These include the mandatory installation of an ignition interlock device, lasting implications on the individual’s permanent record, and stringent probation terms.

Mandatory Installation of an Ignition Interlock Device

For individuals convicted of a fourth DWI, New Jersey law mandates the installation of an ignition interlock device on any vehicle operated by the offender. This device requires the driver to perform a breathalyzer test before starting the vehicle:

• Duration: The device is required during the entire 8-year suspension period and for an additional 2 to 4 years after the license has been restored.
• Purpose: This requirement aims to ensure that the individual can operate a vehicle only when they are not under the influence of alcohol, thereby directly preventing further instances of DWI.

Permanent Record Implications and Future Restrictions

A fourth DWI conviction carries severe implications for an individual’s permanent record:

• Driving Record: The conviction is entered into the individual’s driving record permanently. While it will not appear on your criminal record, it can still be accessed by employers, licensing agencies, and others, potentially affecting employment opportunities, professional licensing, and other aspects of social and economic life. In addition, as a DUI is not considered a criminal offense, a DUI cannot be expunged from your record. 
• Future Restrictions: The presence of multiple DWI convictions can lead to increased scrutiny in legal and professional contexts, including stricter conditions in any future legal proceedings and potential disqualifications from certain types of professional employment.

These additional legal consequences are designed to provide both punitive and corrective measures, aiming to rehabilitate the offender and protect the public by reducing the risk of future DWI offenses. The state of New Jersey thus emphasizes both punishment for the offense and opportunities for rehabilitation, reflecting a comprehensive approach to handling severe repeat DWI offenses.

Understanding Court-Mandated Rehabilitation Programs

In New Jersey, individuals convicted of a DWI, particularly those with multiple offenses, may be required to participate in court-mandated rehabilitation programs. These programs are an integral part of the legal strategy aimed at reducing recidivism and enhancing public safety by addressing underlying substance abuse issues.

Criteria for Mandatory Enrollment in Treatment Programs

Mandatory enrollment in a rehabilitation program is dictated by several criteria, primarily the offender’s prior DWI record and the severity of the current offense. In New Jersey:

• Multiple Convictions: Typically, individuals with multiple DWI convictions are required to enroll as part of their sentencing. This is especially true by the time an individual reaches a fourth DWI conviction.
• Severity of Offense: The level of intoxication and any aggravating factors such as accidents causing injury can also necessitate mandatory rehabilitation.
• Judicial Discretion: Judges may order enrollment based on their assessment of the case, including the offender’s personal history and the specifics of the incident.

Impact of Non-Compliance on Legal Outcomes

Failing to comply with the terms of court-mandated rehabilitation programs can have significant legal repercussions for the offender:

• Revocation of Probation: Non-compliance often leads to harsher penalties, which might include incarceration or continued license revocation periods. 
• Additional Legal Penalties: Further fines or legal consequences can be imposed as a result of non-compliance.

Compliance with rehabilitation programs is critically viewed as part of the recovery and penalty process. It reflects the offender’s commitment to rectifying behavior and is considered during future legal evaluations. 

Navigating Legal Defense for Fourth DWI Charges

In New Jersey, facing a fourth DWI charge is a critical situation that necessitates a robust legal defense due to the severe penalties and long-term consequences associated with a conviction. The defense strategy for such cases must be meticulously planned and executed. This section discusses tailored defense strategies for repeat offenders and highlights the importance of working with knowledgeable attorneys in DWI cases.

Strategies Specific to Repeat Offenders

For those facing their fourth DWI charge, the legal strategy differs significantly from that of first-time offenders. Given the harsher penalties and the court’s familiarity with the defendant’s history, defense attorneys need to adopt a more nuanced approach:

• Challenging Evidence: One of the primary strategies involves rigorously challenging the prosecution’s evidence. This includes questioning the accuracy of breathalyzer tests, the procedure followed during the arrest, and even the initial traffic stop’s legality.
• Negotiating Plea Deals: Although more challenging in cases of multiple offenses, negotiating plea deals may still be possible. Skilled attorneys can negotiate terms that might involve alternative sentencing or reduced penalties, depending on the case’s specifics.
• Often challenging the level of offense (1st, 2nd, 3rd, 4th) is the biggest part of the defense strategy on a 3rd or 4th DUI, success in sentencing can mean a huge difference in outcomes. New Jersey has a complicated lookback period to determine which prior offenses count toward the sentencing level. Once you hit a 4th offense it does not matter how much time has passed since your last DUI. Compex strategies like PCR (Post Conviction Relief applications), reviewing prior discovery on old cases, determining if you were un-represented on any priors, or if other issues exist that can alleviate a DUI record are all required. 
• Presenting Mitigating Factors: Highlighting mitigating circumstances such as the offender’s attempts at rehabilitation, mental health issues, or unique family circumstances can influence the severity of the sentencing.

The Importance of Experienced DWI Defense Attorneys

The role of an attorney with substantial experience in handling DWI cases is crucial, especially for a fourth offense:

• Knowledge of Local Laws: Attorneys well-versed in New Jersey’s specific DUI laws are better equipped to navigate the legal system and advocate effectively for their clients.
• Courtroom Experience: Experienced attorneys are often familiar with the local court systems, the judges, and the prosecutorial tactics, which can be advantageous in formulating a defense strategy.
• Advisory Role: They provide invaluable advice on the likely outcomes and the best courses of action, including whether to settle the case or proceed to trial.

Given the high stakes involved in a fourth DWI charge, securing a defense attorney who understands the specific rules of New Jersey’s DUI laws and has a track record of handling similar cases is essential. This professional guidance is critical in attempting to mitigate the penalties and in striving for the most favorable outcome possible under challenging circumstances.

Get Top-Rated Legal Assistance From The Kugel Law Firm Today

As you confront the serious implications of a fourth DUI conviction in New Jersey, it is essential to fully grasp the potential penalties and how they can significantly alter your life. The severity of the consequences means that having seasoned legal representation is not just beneficial; it’s crucial for a fair and effective defense.

The Kugel Law Firm is equipped with knowledgeable attorneys experienced in handling DUI cases within New Jersey. We are prepared to scrutinize every detail of your case, challenge inaccuracies in the evidence presented, and advocate passionately to protect your rights. Our goal is to minimize the impact of the charges on your life by striving for the most favorable legal outcomes available.

If you’re facing this critical situation, don’t hesitate to reach out to The Kugel Law Firm. Let us take on the burden of your legal challenges with our comprehensive defense strategies. Contact The Kugel Law Firm today at (973) 854-0098 to discuss your case and begin crafting a defense that stands up for your rights and aims for the best possible results. Your future matters, and we’re here to defend it.

from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/what-are-the-penalties-for-a-fourth-dwi-in-new-jersey/

New Jersey Surcharge

The surcharge system in New Jersey is an additional penalty imposed on individuals who have committed certain traffic violations or offenses, including DUI (Driving Under the Influence). The purpose of the surcharge is to encourage safer driving behaviors and to generate funds for the state’s Motor Vehicle Commission (MVC). For all motorists in the state, it is crucial to understand how the surcharge system works and the types of offenses that may lead to surcharges.

Facing the New Jersey surcharge system, particularly for those dealing with DUI charges, can be overwhelming. Aside from the legal implications, the surcharge system adds financial impact to those who have been convicted and/or penalized under NJ’s traffic laws. It is crucial to understand this system to safeguard your driving record and finances from the weight of surcharge expenses. A skilled New Jersey DUI lawyer can offer essential assistance, ensuring you are well-informed and empowered to make choices that will reduce or eliminate surcharges effectively.

Take charge of your surcharge situation today. Contact The Kugel Law Firm today at (973) 854-0098 to schedule a free strategy consultation to discuss your case. Allow our experienced New Jersey DUI lawyers to guide you through the details of the surcharge system and help you understand how long a DUI conviction can affect your driving record. Together, we can work towards protecting your driving privileges and financial stability. Seek the support of our skilled legal professionals to confidently face the New Jersey surcharge system.

What is a Surcharge in New Jersey?

A surcharge is an extra financial penalty imposed on top of fines and other penalties for certain traffic violations. It is important to note that surcharges are distinct from fines; while fines go to the state’s general fund, surcharge revenues are allocated specifically to support New Jersey’s Motor Vehicle Commission and its various programs. The surcharge system is designed to hold drivers accountable for their actions and encourage them to follow traffic laws diligently. In terms of DUI offenses, it is important to note that New Jersey residents may be liable to pay surcharge penalties for out-of-state DUI convictions aside from DUI convictions in the state. An additional surcharge can also be imposed for refusing to submit to a breathalyzer test.

The surcharge amount is predetermined based on the severity of the offense, and it is payable annually for three consecutive years. It is crucial to pay the surcharge on time to avoid additional consequences, such as the suspension of driving privileges. Failure to pay the surcharge can result in the MVC revoking your driving privileges. 

How Does the Surcharge System Work?

The surcharge system in New Jersey is based on a points system. Every time a driver is convicted of certain traffic violations or offenses, points are added to their driving record. The more points a driver accumulates, the higher the surcharge they will have to pay. The point values vary depending on the severity of the offense. For example, a DUI conviction carries a higher point value than a speeding ticket.

Once a driver accumulates six or more points on their driving record, they become subject to the surcharge system. The surcharge amount is $150 for the first six points and an additional $25 for each point above six. This means that for every point above six, the driver will have to pay an extra $25 annually for three years.

Furthermore, certain violations lead to annual surcharges for three years:

• Unlicensed driver or driver with an expired license: $100 surcharge ($300 total).
• Driving with a suspended license: $250 surcharge ($750 total).
• Failure to insure a moped: $100 surcharge ($300 total).
• Operating an uninsured vehicle: $250 surcharge ($750 total).
• First and second DWI: $1,000 surcharge each ($3,000 total).
• Third DWI (if it occurs within three years of the last offense): $1,500 surcharge ($4,500 total).
• Refusing to take a test to measure blood alcohol concentration: $1,000 surcharge ($3,000 total).

These surcharges can have a significant impact on your finances, making it essential to understand the surcharge system and explore potential strategies to avoid or minimize these expenses. Seeking legal representation from a skilled New Jersey DUI lawyer can be instrumental in navigating the surcharge system effectively and protecting your driving privileges.

Reasons for Surcharge in New Jersey

New Jersey’s surcharge system is based on a points system, which is designed to hold drivers accountable for their traffic violations and encourage safe driving practices. Knowing the reasons for New Jersey’s surcharge and how its points system functions is crucial for all motorists in the state.

Overview of New Jersey’s Point System

The New Jersey Motor Vehicle Commission (MVC) operates a point system to track and penalize traffic violations committed by drivers. Each traffic offense is assigned a specific point value, ranging from two to eight points, depending on the severity of the violation. Accumulating points on your driving record can have significant consequences, including surcharges, license suspension, and increased insurance premiums.

The point system operates on a rolling basis. Points are added to your record based on the date of the offense, and they stay on your record for a set period. If you do not commit any further violations, points will be removed after a certain number of years. However, committing additional offenses can lead to more points and extended periods of time with points on your record.

Accumulating Points and Their Consequences

Accumulating points on your driving record can result in several negative consequences. As mentioned earlier, reaching six or more points will subject you to the surcharge system, which involves additional financial penalties on top of fines for traffic violations. The surcharge is payable annually for three consecutive years.

Moreover, receiving excessive points on your driving record can lead to a suspension of your driving privileges. For example, if you accumulate 12 or more points, your license can be suspended, leaving you unable to legally drive for a designated period. Additionally, the accumulation of points can result in increased auto insurance premiums, as insurers view drivers with points on their record as higher-risk individuals.

Specific Violations Leading to Surcharge

Several traffic violations in New Jersey can lead to surcharges due to their high point values. One of the most serious offenses that result in a surcharge is Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). A first-time DUI/DWI conviction carries an immediate surcharge, in addition to other penalties.

Other violations that can lead to surcharges include reckless driving, driving without insurance, leaving the scene of an accident, and driving with a suspended license. It is important for drivers to be aware of these specific violations and the potential consequences of committing them, as they can have long-lasting impacts on both driving privileges and finances.

Having a thorough understanding of New Jersey’s point system and the reasons for surcharges is essential for all drivers in the state. Awareness of the potential consequences of traffic violations, combined with safe and responsible driving, allows motorists to avoid the financial burden of surcharges and maintain a clean driving record. Seeking legal guidance in case of traffic violations can also be beneficial in reducing the impact of surcharges and protecting one’s driving privileges.

Impact of Surcharge on New Jersey DUI Offenders

For individuals convicted of Driving Under the Influence (DUI) in New Jersey, the surcharge system can have significant and far-reaching consequences. It is crucial for New Jersey DUI offenders to understand the specific impact of surcharges, given that these can affect their finances and driving privileges for years.

Surcharge for DUI Convictions in New Jersey

When a person is convicted of DUI in New Jersey, they will face not only the standard penalties for the offense but also a mandatory surcharge. The surcharge for a DUI conviction is substantial and can add to the financial strain already associated with the offense. This surcharge is imposed in addition to fines, court fees, and other penalties.

The amount of the surcharge varies based on the number of prior DUI convictions on the offender’s record. For a first-time DUI conviction, the surcharge can be several thousand dollars, while subsequent convictions can result in even higher surcharge amounts. It is important for individuals facing DUI charges to be aware of this additional financial penalty and to consider the long-term implications when making decisions about their defense strategy.

Increased Insurance Premiums

In addition to the immediate financial impact of the surcharge, DUI offenders in New Jersey can also expect a substantial increase in their auto insurance premiums. Insurance companies consider DUI convictions as high-risk behaviors, and as a result, they often raise premiums significantly for individuals with DUIs on their records.

The insurance premium increase can persist for several years, as DUI convictions generally stay on a driving record for a long time. This can lead to thousands of dollars in extra insurance costs over time, making it even more challenging for DUI offenders to manage their finances.

Long-term Financial Implications of Surcharge

The financial implications of the surcharge for DUI offenders extend beyond the immediate penalties and insurance premium increases. With the surcharge payable annually for three consecutive years, DUI offenders may find themselves burdened with considerable ongoing costs.

Moreover, the presence of a DUI conviction and the associated surcharge on their driving record can impact their ability to secure certain employment opportunities, particularly jobs that require a clean driving history. This can lead to reduced income potential and hinder career advancement.

The surcharge system for DUI offenses in New Jersey carries significant consequences for offenders. Beyond the immediate financial penalties, increased insurance premiums, and ongoing surcharge costs, DUI convictions can have long-term financial and personal implications. Seeking legal representation from an experienced New Jersey DUI lawyer can be essential in minimizing the impact of the surcharge and exploring options for defense and rehabilitation.

How to Avoid or Reduce Surcharge Costs

For individuals facing surcharge costs in New Jersey, exploring strategies to avoid or minimize these expenses can be crucial. Taking proactive measures can potentially reduce the financial burden of surcharges for drivers and protect their driving privileges.

Defensive Driving Courses and Their Benefits

One effective way to avoid or reduce surcharge costs in New Jersey is by taking a defensive driving course. Completing an approved defensive driving course can provide several benefits, including:

Point Reduction

Upon successful completion of an MVC-approved course, drivers can have two points removed from their driving record. This reduction can help avoid reaching the six-point threshold that triggers the surcharge system. It is important to note that drivers are only eligible for this point reduction once every five years.

Insurance Premium Discounts

In addition to point reduction, some insurance companies offer discounts to drivers who have completed defensive driving courses. These discounts can lead to substantial savings on auto insurance premiums.

Skill Enhancement

Defensive driving courses provide valuable knowledge and skills to help drivers become safer and more responsible on the road. Improving their driving habits allows motorists to reduce the likelihood of future traffic violations.

Point Reduction Strategies

Since the surcharge system in New Jersey is based on a points system, implementing point reduction strategies can be an effective way to avoid or minimize surcharge costs. Some strategies include:

• Safe Driving Practices: Following traffic laws, obeying speed limits, and avoiding aggressive driving behaviors can help prevent accumulating points on your driving record.
• Addressing Traffic Tickets: If you receive a traffic ticket, consider challenging it in court or negotiating with the prosecutor to reduce the charges. If successful, this can lead to fewer points being added to your record.
• Point-Reduction Courses: Aside from defensive driving courses, some counties in New Jersey offer point-reduction courses specifically designed to remove points from your driving record. Completing these courses can be beneficial in avoiding surcharges.
• Annual Safe Driving Credit: The New Jersey MVC automatically rewards safe driving. For every 12 consecutive months that a motorist remains violation-free and avoids a license suspension, three points are removed from their driving record. This is a crucial way to improve your record over time without taking a course.

To learn more about potential options to reduce your points and thus avoid penalties under the surcharge system, getting the help of a skilled New Jersey DUI lawyer is essential. An experienced attorney can help you address traffic tickets, challenge actions on your driving record, and, in the case of a DUI case, represent your interests to get the charges dismissed. Contact The Kugel Law Firm today to schedule a consultation and learn more about how we can help you.

What Happens If You Don’t Pay NJ Surcharge?

Failing to pay your New Jersey surcharge can lead to a cascade of consequences, and it’s crucial to understand the severity of non-payment. You are responsible for these surcharges regardless of where you live, your current driver’s license status, or your insurance situation. Moving out of New Jersey or possessing an out-of-state license does not exempt you from this obligation. Even declaring bankruptcy may not free you from these surcharges.

Surcharges are due on the date specified on the bill you receive. If you don’t pay on time, or if you don’t set up an installment payment plan (IPP) by the due date, your driving privileges will be suspended indefinitely. Additionally, a $100 fee is levied, which you must pay to restore your driving privileges.

Ignoring surcharges leads to further penalties. An overdue payment results in a Notice of Proposed Judgment and potentially a Certificate of Debt filed in the New Jersey Superior Court. This means the state can pursue the owed amount, including additional costs for interest and collection fees, through legal channels. With a judgment in hand, the state can pursue a wage garnishment, compelling your employer to withhold a portion of your earnings and send it directly to the state.

Furthermore, the judgment activates the Set-Off of Individual Liability (SOIL) program. This allows the state to intercept money it might owe you, such as state income tax refunds, property tax rebates, or even lottery winnings, and redirect those funds to pay down your surcharge debt. The judgment also acts as a lien against your personal property, meaning you cannot legally sell or transfer assets like a home or other real estate until the debt is fully satisfied. 

While an Installment Payment Plan (IPP) can be arranged to manage these payments, it is essential to remember that if your license is suspended for missing a payment, the plan is automatically canceled, and you must reapply to prevent these aggressive collection actions from proceeding.

Step-by-Step Guide to Paying Your NJ MVC Surcharge

Facing a New Jersey MVC surcharge can feel overwhelming, but you have options for managing these payments.

You are required to pay surcharges for accumulating six or more points on your driving record within three years or for specific offenses like a DUI, as outlined under N.J.S.A. 17:29A-35. These are in addition to any court fines. You will receive a bill in the mail from the New Jersey Surcharge Violation System (NJSVS). It’s critical to handle this bill promptly to avoid further complications.

If you cannot pay the full amount at once, you can set up an Installment Payment Plan. Everyone is eligible to enroll. To begin, simply pay the “installment payment” amount listed on your surcharge notice by the due date. There is no separate application for the IPP; making that initial payment automatically enrolls you. You can make this first payment online or by phone.

Failing to make a monthly payment on time will trigger a default. This makes the entire surcharge balance due immediately and can lead to an indefinite suspension of your driver’s license. Staying current on your payments is the best way to avoid this. Consider setting up automatic payments or monthly reminders to keep on track.

You have several ways to pay your surcharge:

• Online: Pay with a credit/debit card or an e-check through the official NJSVS payment website.
• Phone: Call the number on your bill to pay with a credit or debit card.
• Mail: Send a check or money order to the address provided on your payment stub. Do not send cash.
• In-Person: Payments can be made in cash at any Western Union location.

If you are facing a surcharge for a DUI, the situation can feel overwhelming. An experienced attorney can provide guidance on the overall process and help you manage your legal obligations.

Legal Options for Challenging a Surcharge

In New Jersey, challenging a surcharge does not involve a traditional appeal process, as surcharges are not subject to appeal. However, there are legal options available to avoid a surcharge through strategies that focus on avoiding a conviction for the underlying offense. Successfully challenging the charges related to the violation can prevent the surcharge from being imposed in the first place.

Mounting a Strong Defense

If you are facing a surcharge due to a DUI or other traffic violation, it is essential to build a robust defense against the charges. A skilled New Jersey DUI lawyer can examine the evidence, investigate the circumstances surrounding the incident, and identify potential weaknesses in the prosecution’s case. Challenging the evidence presented against you can help you secure a favorable outcome, preventing the surcharge from being added to your driving record.

Pursuing Pretrial Diversion Programs

Depending on the nature of the offense, pretrial diversion programs may be available for first-time offenders. These programs offer an opportunity to complete rehabilitative or educational requirements, and upon successful completion, the charges may be dropped, avoiding the surcharge.

Challenging the Legality of the Stop or Arrest

If there were procedural errors or violations of your rights during the stop or arrest, a skilled attorney can challenge the legality of the actions taken by law enforcement. If successful, this challenge may result in the exclusion of evidence, weakening the prosecution’s case and possibly preventing a conviction and the associated surcharge.

Seeking Acquittal at Trial

In cases where the evidence is weak or inconclusive, going to trial and seeking acquittal may be a viable option. A successful acquittal means no conviction, and therefore, no surcharge.

It is essential to remember that avoiding a surcharge relies on successfully challenging the underlying charges, as surcharges are a consequence of convictions for certain traffic offenses. Seeking legal representation from an experienced New Jersey DUI lawyer is crucial to exploring the best legal options for your specific case and increase your chances of avoiding a surcharge. Protecting your driving record and finances from surcharge costs requires understanding and exercising your legal rights.

Legal Options for Challenging a Surcharge	Description
Mounting a Strong Defense	Building a robust defense against charges like DUI or traffic violations. A skilled attorney can identify weaknesses in the prosecution’s case, challenge evidence, and secure a favorable outcome, preventing the imposition of a surcharge.
Pursuing Pretrial Diversion Programs	First-time offenders may have access to programs that, upon successful completion, result in dropped charges. Completing rehabilitative or educational requirements can avoid the surcharge associated with a conviction.
Challenging the Legality of the Stop or Arrest	An attorney can challenge procedural errors or rights violations during the stop or arrest. Successful challenges may lead to evidence exclusion, weakening the case and potentially preventing both conviction and surcharge.
Seeking Acquittal at Trial	Going to trial and achieving an acquittal when evidence is weak or inconclusive can result in no conviction and no associated surcharge.

Getting the Help of a Top-Rated New Jersey DUI Lawyer from The Kugel Law Firm

Familiarizing yourself with the workings of the surcharge system is crucial to protecting your finances and driving privileges. At The Kugel Law Firm, we work diligently to assist New Jersey residents in challenging traffic violations and offenses and protecting their best interests against surcharge penalties. With our team of experienced attorneys by your side, you can gain valuable insights into the points system, learn about specific violations that can lead to surcharges, and explore legal strategies to reduce or avoid surcharge costs.

Don’t let a DUI conviction burden you with excessive surcharges and increased insurance premiums. Take charge of your future by scheduling a consultation with our team today by calling us at (973) 854-0098. We can provide personalized guidance, gather compelling evidence for your appeal if needed, and advocate on your behalf throughout the process.

from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/new-jersey-surcharge/

What is a 39:4-50 charge in NJ?

Understanding the implications of a Driving While Intoxicated (DWI) charge in New Jersey is paramount to protecting your rights and facing the legal system effectively. With statute 39:4-50 casting a wide net over various substances, from illegal narcotics to prescription drugs and over-the-counter medications, the potential for a DWI charge extends beyond alcohol to any impairment behind the wheel.

The Kugel Law Firm recognizes the critical nature of these charges and the significant impact they can have on your life. Our New Jersey DUI attorneys are well-versed in New Jersey DWI laws and are dedicated to ensuring that your case is handled with the attention and care it deserves. We believe in empowering our clients by providing them with a clear understanding of their legal options and the potential outcomes of their cases.

If you’re facing a DWI charge and feeling uncertain about what to do next, we’re here to offer a guiding hand. The Kugel Law Firm is ready to delve into the specifics of your situation, help you understand the charges you’re up against, and work with you to craft a strong defense strategy. We can also help you understand the nuances of the law, including statutes such as John’s Law in New Jersey which could further impact DUI cases. Contact us today at (973) 854-0098 and let’s start the conversation about how we can stand beside you during this challenging time and strive for the best possible resolution.

The Legal Elements of a 39:4-50 Offense

Driving While Intoxicated (DWI) charges in New Jersey are serious offenses that carry significant consequences. New Jersey law, under statute 39:4-50, governs how these offenses are determined, prosecuted, and penalized. To be charged under NJSA 39:4-50, certain legal elements must be present. 

• The individual must be operating a motor vehicle. Operation can be interpreted broadly, sometimes including situations where the accused was not driving but had the potential to drive, such as sitting in the driver’s seat with keys in the ignition.
• The operation must take place on a road, street, or highway in New Jersey. Private property is generally excluded, but there are exceptions, such as when a driveway connects to a public road.
• The driver must be under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug. Alternatively, the driver may have a blood alcohol concentration of 0.08% or higher. The law also covers situations where a driver allows another person who is under the influence to operate a motor vehicle.

Blood Alcohol Concentration is the key metric used to measure the level of alcohol intoxication for the purpose of enforcing DUI laws. In New Jersey, a BAC of 0.08% is the legal limit for most drivers; exceeding this limit can result in a DWI charge. For commercial drivers, the limit is lower at 0.04%, and for drivers under the age of 21, any detectable amount of alcohol can lead to a DWI charge due to New Jersey’s zero-tolerance policy.

Impairment, however, can be more subjective and doesn’t rely strictly on BAC levels. If an officer observes signs of impairment, such as slurred speech, erratic driving, or failure to perform sobriety tests adequately, this may be sufficient for a DWI charge, even if the BAC is below the legal threshold.

The Legal Elements of a 39:4-50 Offense	Description
Operation of a Vehicle	The accused must be operating or have the potential to operate a motor vehicle. Includes being in the driver’s seat with keys in the ignition.
Location	The operation must occur on a public road, street, or highway in New Jersey. Private property is generally excluded, with exceptions.
Influence of Substances	Under the influence of alcohol, narcotics, hallucinogens, or habit-producing drugs. Includes having a BAC of 0.08% or higher, or allowing an intoxicated person to operate the vehicle.

The Role of Probable Cause in DWI Arrests

Probable cause is a legal standard that must be met before an officer can make an arrest, conduct a search, or receive a warrant. In the context of DWI arrests in New Jersey, probable cause can arise from a variety of observations and evidence.

An officer might notice signs of intoxication during a routine traffic stop or at a DWI checkpoint. This could include the odor of alcohol, open containers in the vehicle, or visible signs of impairment. Traffic violations, such as swerving, speeding, or erratic driving, can also contribute to probable cause.

Once probable cause is established, an officer is permitted to conduct field sobriety tests and use breathalyzers to measure BAC. Refusal to take a breathalyzer test in New Jersey can lead to additional charges and penalties, as implied consent laws require drivers to submit to BAC testing when a lawful request is made by a police officer.

In New Jersey, understanding the essentials of a DWI charge is the first step in handling the legal system. The intricacies of the law demand careful attention to ensure that the rights of the accused are protected throughout the legal process.

Dissecting the 39:4-50 Statute

In New Jersey, driving under the influence (DUI) and driving while intoxicated (DWI) offenses are addressed under statute NJSA 39:4-50. This statute is comprehensive and sets out the framework for how DUI/DWI offenses are defined, prosecuted, and penalized. A closer examination of the statute reveals the complexity and breadth of the law and its implications for those charged under it.

Statutory Language and Interpretation of 39:4-50

The language of NJSA 39:4-50 is precise; it prohibits anyone from operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug. It also makes it illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. The statute not only addresses alcohol but also considers impairment due to other substances.

The interpretation of “operation” in the statute has been a subject of legal debates and court decisions. New Jersey courts have interpreted “operation” to mean exercising actual physical control over the vehicle at the time of the alleged offense. Thus, it’s not always necessary for the vehicle to be moving or for the engine to be running.

Moreover, NJSA 39:4-50 covers scenarios where an individual might not be actively driving but is deemed to be in control of the vehicle with the capability to drive. This could include sitting in the parked vehicle with the engine off if the keys are in the ignition or within easy reach.

Legal Limit for Alcohol in NJ

New Jersey law sets the legal blood alcohol concentration (BAC) limit at 0.08 percent for individuals driving a motor vehicle. When a driver’s BAC meets or exceeds this threshold, they are considered legally impaired and can be charged with driving under the influence (DUI). This standard applies to drivers of legal drinking age, who are 21 years and older in the state.

However, drivers can still face DUI charges even if their BAC is below 0.08 percent if alcohol consumption has evidently impaired their ability to operate a vehicle safely. This lower threshold emphasizes the state’s commitment to road safety, recognizing that even small amounts of alcohol can significantly impair driving abilities such as reaction time, judgment, and motor skills.

New Jersey implements a zero-tolerance policy for drivers under 21. This means any detectable amount of alcohol in an underage driver’s system, defined as a BAC of 0.01 percent or higher, can result in DUI charges. The state enforces strict penalties to deter underage drinking and driving. These penalties may include suspension of driving privileges, fines, and mandatory participation in alcohol education or treatment programs.

Moreover, New Jersey law includes additional penalties for drivers who are found with a BAC significantly higher than the legal limit, or for those who commit repeated offenses. These penalties can include longer license suspension periods, mandatory installation of ignition interlock devices, and more severe fines and jail time.

Understanding and adhering to these legal limits is crucial for all drivers in New Jersey to avoid the severe consequences of DUI charges and contribute to safer roadways.

How BAC Levels Translate into Legal Presumptions

New Jersey law creates presumptions based on specific BAC levels. A BAC of 0.08% or higher presumes the driver is legally intoxicated and therefore unfit to operate a vehicle. The statute also recognizes various levels of intoxication, with increased penalties for higher BAC levels. For instance, a BAC of 0.10% or higher can result in more severe punishments, reflecting the increased risk and impairment associated with higher levels of intoxication.

The statute also allows for the charging of a DWI based on the observation of impairment due to alcohol or drugs regardless of the BAC level. This means that even if the BAC is below 0.08%, other evidence can be used to demonstrate impairment and secure a conviction.

DUI Drugs in New Jersey

In New Jersey, Driving Under the Influence of Drugs (DUID) is a grave legal offense, holding equal weight to driving under the influence of alcohol. State laws strictly forbid operating a vehicle while impaired by any narcotic, hallucinogen, or habit-forming drug, which includes not only illicit substances but also prescription and over-the-counter medications that can affect driving abilities.

Narcotics such as heroin and prescription opioids (like oxycodone and hydrocodone), known for their potent analgesic effects and high risk of dependence, fall under the category of drugs that can lead to DUID charges. Hallucinogens, capable of inducing vivid and often disorienting sensory experiences, also feature in this list. LSD, psilocybin, PCP, and MDMA are prime examples of such substances known to impair driving significantly. Habit-forming medications, including barbiturates, benzodiazepines, and amphetamines, are also highlighted due to their potential to alter behavior and mood, thus affecting one’s driving competency.

It is critical to recognize that even medications prescribed for legitimate health conditions—painkillers like Prescription Drugs, sedatives, antihistamines, cough and cold remedies, and sleep aids—can result in a DUID if they impair one’s ability to drive safely. In the absence of a standardized test like the breathalyzer for alcohol impairment, New Jersey law enforcement officers rely on Drug Recognition Experts (DREs), field sobriety tests, and chemical tests, such as blood or urine tests, to determine drug-induced impairment. 

The legal consequences of a DUID in New Jersey are severe and mirror those of alcohol-related DUIs, including fines, license suspension, compulsory drug education classes, community service, and potentially jail time. Due to the intricacies of DUID cases, including the challenges in proving impairment and the possibility of a prescription defense, it is essential for those charged to seek the aid of a knowledgeable attorney. Legal representation can critically assess the prosecution’s evidence and the methods employed during arrest and testing, providing a robust defense in a complex legal process.

Are Drug-Related DWIs Also Charged Under 39:4-50 in New Jersey?

Drug-related DWIs are charged under N.J.S.A. 39:4-50 in New Jersey. The statute applies to driving under the influence of alcohol or drugs, including prescription medications and illegal substances. A driver can be convicted without a specific blood alcohol level if impaired by drugs.

Aggravating Circumstances in DUI Cases

In New Jersey, as in many jurisdictions, certain circumstances can elevate the severity of a DUI charge, leading to stiffer penalties upon conviction. These are commonly referred to as “aggravating circumstances.” Here are some key factors that can aggravate a DUI offense in New Jersey:

High Blood Alcohol Concentration (BAC)

A BAC well above the legal limit can result in harsher punishments. In New Jersey, while the standard legal limit is 0.08%, drivers with a BAC of 0.10% or higher may face increased fines, longer license suspensions, and the possibility of more extended periods of incarceration. Finally, additional penalties exist for BAC readings of 0.15% or more. These include mandatory suspensions even on first offenses and mandatory ignition interlock devices as well. 

Prior DUI Convictions

Repeat DUI offenses within a certain time frame (less than 10 years between) are treated with increased severity. Subsequent convictions lead to progressively more severe penalties, including longer jail sentences, higher fines, longer license suspension periods, and the ignition interlock device (IID) requirements.

DUI with a Minor Passenger

Driving under the influence with a passenger under the age of 17 is an aggravating factor that can lead to additional charges, such as endangering the welfare of a child. This can result in additional fines, community service requirements, and potential involvement with child protective services.

Refusal to Submit to a Breathalyzer Test

New Jersey’s implied consent law means that by driving on the state’s roads, drivers agree to submit to chemical testing if suspected of DUI. Refusing to take a breathalyzer test can lead to separate charges, additional fines, and license suspension, on top of any penalties for the DUI itself.

Involvement in an Accident

If a DUI results in an accident, especially one causing injury or property damage, this can lead to enhanced charges. In cases of serious injury, a driver may be charged with assault by auto or vehicular homicide, both of which carry significant penalties.

Driving on a Suspended License

Operating a vehicle while under the influence and on a suspended or revoked license due to a previous DUI or another offense can further escalate penalties, leading to mandatory jail time and additional periods of license suspension. Depending on the circumstances, these charges can be municipal or can be upgraded to indictable offenses in Superior Court that carry mandatory state prison time. 

Additional Traffic Offenses

Committing other traffic offenses in conjunction with a DUI, such as reckless driving, speeding, or leaving the scene of an accident, can also result in compounded penalties and charges.

The presence of one or more aggravating factors can influence a judge’s sentencing decisions within the ranges allowed by New Jersey law. Given the difficulty and potential severity of aggravated DUI charges in New Jersey, individuals facing such circumstances are strongly advised to seek the counsel of an experienced DUI attorney to handle the legal system effectively.

What Happens After a 1st, 2nd, or 3rd DWI Offense in NJ?

In New Jersey, driving while intoxicated (DWI) is treated as a serious offense, and penalties increase with each subsequent conviction.

First Offense: A first-time DWI can result in fines between $250 and $400. The court may order up to 30 days in jail and suspend the driver’s license for three months. Attendance at the Intoxicated Driver Resource Center (IDRC) is mandatory. This program provides education and screening to address alcohol misuse and reduce the risk of future violations.

Second Offense: If a second DWI occurs within ten years of the first, penalties become more severe. Fines rise to $500 to $1,000, with possible jail time of up to 90 days. The driver’s license will be suspended for two years. In addition, installation of an ignition interlock device is required for one to three years after driving privileges are restored.

Third Offense: A third DWI within ten years brings the strictest consequences. Fines can reach $1,000, and a 180-day jail sentence is mandatory. The court will suspend the driver’s license for 10 years. As with prior offenses, an ignition interlock device must be installed once the suspension period ends.

Each DWI conviction leads to harsher penalties and longer-lasting impacts. New Jersey law is structured to discourage repeated offenses and reduce alcohol-related crashes on the road. Legal guidance can help individuals evaluate available options following a DWI charge.

Can a New Jersey 39:4-50 Charge Be Dismissed or Reduced in Court?

A New Jersey 39:4-50 charge can be dismissed or reduced if legal defenses apply, such as improper traffic stops, faulty breathalyzer procedures, or lack of probable cause. First-time offenders may qualify for reduced penalties, but dismissal requires strong legal grounds, typically proven by a skilled defense attorney.

The Attorney’s Role in DWI Defense

In New Jersey, facing charges for Driving While Intoxicated (DWI) can have serious legal repercussions, including hefty fines, license suspension, and even imprisonment. The role of an attorney in the defense of these charges is critical, as they have the necessary knowledge in the nuances of DWI laws, protect the rights of the accused, and work to achieve the most favorable outcomes for their clients. A competent DWI attorney can handle various aspects of the case, from comprehensive case analysis to handling plea bargains and advocating on behalf of the client during a trial.

The Importance of a Comprehensive Case Analysis

A thorough case analysis is the foundation of any effective DWI defense strategy. An experienced attorney can meticulously review every detail of the case to identify any procedural errors, challenge the evidence presented by the prosecution, and scrutinize the circumstances surrounding the arrest. This includes, but is not limited to:

• Examining the traffic stop to ensure it was lawful.
• Ensuring field sobriety tests and chemical tests (breathalyzer or blood tests) were administered properly.
• Reviewing the calibration and maintenance records of the testing equipment.
• Analyzing the arresting officer’s training and experience with DWI cases.
• Assessing any potential violations of the defendant’s constitutional rights.

By conducting a comprehensive analysis, an attorney can uncover flaws or weaknesses in the prosecution’s case that could lead to charges being reduced or even dismissed.

A DWI attorney’s skill can make a significant difference in the outcome of a case. Their deep understanding of legal procedures and evidence handling is essential when defending against DWI charges in New Jersey. The attorney’s primary goal is to protect the client’s rights and interests throughout the entire legal process.

Steadfast Legal Assistance And Representation With The Kugel Law Firm

For those facing a Driving While Intoxicated charge in New Jersey, understanding your legal standing and the potential ramifications is the first step toward safeguarding your future. The road ahead may seem daunting, but you don’t have to walk it alone. The Kugel Law Firm is prepared to stand with you, offering clear legal guidance and steadfast support as we explore every avenue to protect your rights and best interests.

When faced with the challenges of statute 39:4-50, having a diligent New Jersey DUI attorney by your side can make a substantial difference in the outcome of your case. Our team at The Kugel Law Firm is committed to delivering thorough and compassionate legal representation tailored to your unique circumstances.

Take control of your situation today by reaching out to us. Let’s talk about how we can assist you in understanding the charges against you, evaluating your options, and crafting a defense that aligns with your goals. Contact The Kugel Law Firm today at (973) 854-0098, and let us help you move through this challenging time with confidence and clarity.

from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/what-is-a-39-4-50-charge-in-nj/

Is DWI a Criminal Offense in New Jersey?

In New Jersey, Driving While Intoxicated (DWI) is considered a significant motor vehicle offense under the state’s legal system. This offense encompasses operating a vehicle with a blood alcohol concentration of 0.08% or higher and can lead to severe consequences, including fines, license suspension, ignition interlock requirements, and even incarceration. Understanding the legal distinctions and potential consequences of a DWI in New Jersey is crucial for drivers within the state to maintain compliance with the law and to comprehend the seriousness of impaired driving charges.

If you are facing a DWI charge in New Jersey, securing the services of a knowledgeable DWI lawyer is critical to protect your rights and your freedom. At The Kugel Law Firm, our skilled New Jersey DWI lawyers can clarify the legal nuances of your case and seek options that can lead to a favorable outcome. Experienced NJ DWI attorney Rachel Kugel has years of experience helping clients with their DWI cases. Contact us today at (973) 854-0098 to learn more about how we can help.

New Jersey DWI is a Quasi-Criminal Offense

DWIs are often referred to in New Jersey as “quasi-criminal” offenses. Drivers who are charged with DWI have the same rights as defendants in criminal cases. DWI offenses are considered quasi-criminal because even though they do not go on a person’s criminal history, they can have serious penalties. DWI convictions are subject to heavy penalties as well as the forfeiture of one’s driver’s license.

DWI traffic or quasi-criminal charges can be serious. They carry prison detainment as well as fines and penalties. The information of a person’s conviction is also kept in Motor Vehicle Commission files and sent to all United States courts. The information cannot be removed by a lawyer unless it is proven that the driver is innocent and the charges are dropped. The information is kept on file and updated every time the driver does another DWI violation.

If you or a loved one has been charged with a DWI in New Jersey, it is important to seek the legal advice of an experienced DWI lawyer right away. A skilled lawyer may be able to help you protect your rights and fight for your freedom. 

At The Kugel Law Firm, experienced DWI attorney Rachel Kugel has helped many clients receive a more favorable outcome for their DWI Cases. Contact us today to schedule a consultation.

Factors That Can Elevate a DWI to Criminal Charges

In New Jersey, a basic DWI (driving while intoxicated) is typically classified as a traffic offense. However, certain factors can escalate it to a criminal charge, resulting in more serious legal consequences. These situations usually involve behavior that puts others at increased risk.

One of the most common factors is having a minor in the vehicle at the time of the offense. Driving under the influence with a child passenger may lead to a charge of endangering the welfare of a child, an indictable offense that goes beyond standard DWI penalties.

Another trigger for elevated charges is causing injury or death while driving intoxicated. If a crash results in bodily harm or fatality, the driver may be charged with assault by auto or vehicular homicide. These offenses carry potential prison time and a permanent criminal record.

Driving while intoxicated in a school zone is also treated more seriously. Even if school is not in session, this location-based factor can still raise the severity of the charge.

Other aggravating circumstances may include a high blood alcohol concentration (BAC), repeat offenses, or refusing to submit to chemical testing. Each of these may contribute to harsher penalties or an upgrade from a traffic offense to a criminal charge.

These factors are critical when assessing the potential legal outcomes of a DWI case. The presence of any aggravating condition can significantly impact how the court treats the offense and the penalties that may follow.

What is the Punishment for DUI in New Jersey?

In New Jersey, DUI cases do not go to a jury trial. Despite this, the state takes drunk driving offenses seriously and imposes severe penalties on those convicted of the crime. New Jersey is committed to keeping its roads safe, and the stringent penalties for DUI offenses serve as a warning to those who may consider driving under the influence.

First-Time Offenders:

First-time DUI offenders with a BAC between 0.08% and less than 0.10% face fines between $250 and $400, a license suspension for three months, and up to thirty days in jail. They may also be required to attend the Intoxicated Driver Resource Center for a minimum of 12 hours and a maximum of 48 hours.

For those with a BAC of 0.10% or higher, the consequences are more severe, including fines ranging from $300 to $500, a license suspension of seven months to one year, and up to thirty days in jail. The court may also mandate attendance at the Intoxicated Driver Resource Center.

Second-Time Offenders:

In New Jersey, individuals who have committed a second DUI offense can expect to face stricter penalties. This may include a two-year license suspension and fines ranging from $500 to $1000. The court may also demand 30 days of community service and jail time of 90 days. The offender must attend the Intoxicated Driver Resource Center and have an ignition interlock device installed on their vehicle for a period of one to three years.

Third-Time Offenders:

If an individual is charged with a third DUI offense, they can expect harsher penalties. They may have their license suspended for up to 10 years and be fined $1000. In addition, the court may impose a 90-day jail sentence that must be served in an approved in-patient facility by the Intoxicated Driver Resource Center. Furthermore, they may be required to have an ignition interlock device installed in their vehicle for a duration ranging from one to three years.

DUI Offense	BAC Range	Fines	License Suspension	Jail Time	Other Penalties
First-Time	0.08% – < 0.10%	$250 – $400	3 months	Up to 30 days	Attend Intoxicated Driver Resource Center (12-48 hours)
First-Time	0.10% or higher	$300 – $500	7 months – 1 year	Up to 30 days	Attend Intoxicated Driver Resource Center
Second-Time	Any BAC	$500 – $1000	2 years	90 days	Attend Intoxicated Driver Resource Center, Install Ignition Interlock Device (1-3 years), 30 days of Community Service
Third-Time	Any BAC	$1000	Up to 10 years	90 days	Attend Intoxicated Driver Resource Center, Install Ignition Interlock Device (1-3 years), Serve Jail Sentence in approved in-patient facility

How Long Does a DUI Stay on Your Record in New Jersey?

A DUI stays on your driving record in New Jersey permanently. However, for sentencing purposes, a prior DUI affects penalties only if it occurred within the past 10 years. Unlike criminal records, DUI offenses in New Jersey are considered traffic violations and cannot be expunged.

The good part about a DUI being a traffic offense is that you don’t have to face having a misdemeanor or felony on your criminal record. The bad part is that your DUI will stay on your New Jersey driving record indefinitely, and that can have serious consequences on your life.

In New Jersey, if you get a second or third DUI, you’ll end up facing more severe penalties and fines with each additional charge. However, the state does have a 10-year step-down rule. If you go 10 years without getting another DUI, a future DUI charge will be “stepped down.” This is true unless you have four or more offenses, at which point the step-down rule no longer applies.

Because a DUI is so permanent in New Jersey, it’s important to face DUI charges with a strong defense before the conviction ends up on your record forever. Despite what the police or the prosecution may say, the evidence against you may not actually be that convincing. Parts of your case could have been mishandled. The officer may not have carried out your sobriety test properly. Depending on the facts, your defense could be enough to get your case dismissed.

Can You Expunge a DWI in NJ?

You cannot expunge a DWI conviction in New Jersey. Under state law, DWI is classified as a traffic offense, not a criminal offense, and traffic offenses are not eligible for expungement. This means a DWI remains on your record permanently and cannot be erased or sealed.

However, there is an alternative process that individuals might consider, known as Post-Conviction Relief (PCR). This process involves attempting to reopen the DWI conviction case. The goal of PCR is to challenge the validity of the original conviction with the hope of having it overturned. However, success in this process is not guaranteed and is typically complex, often requiring the assistance of a skilled DWI defense attorney.

Individuals facing DWI charges in New Jersey should seek legal counsel to understand their options and the intricacies of the process. Consulting with an experienced New Jersey DWI lawyer can provide clarity on the steps involved and the potential for addressing a past DWI conviction in a meaningful way. Contact The Kugel Law Firm today to schedule a consultation.

Can a DUI Be Dismissed in New Jersey?

Yes. Depending on the facts of your case, a good lawyer can help you get your DUI dismissed by pointing out weaknesses in the prosecution’s case against you. Even if your case cannot be dismissed, you may be able to plead down to a lesser traffic charge.

If you want to have any chance of dismissing your DUI, you must talk to an attorney as soon as possible. Once the conviction goes on your NJ driving record, you can no longer dismiss it or get it expunged. You must fight the charges before your case results in a conviction.

Common DUI defense strategies include:

• Objecting to test results because they were handled improperly
• Providing witness testimony that goes against the arresting officer’s report
• Arguing for dismissal because of legal missteps in carrying out your rights
• Proving that there was never any probable cause for your traffic stop

At The Kugel Law Firm, our passionate team of lawyers will look into every detail of your case and use every defense strategy at our disposal to protect your record and your future. Contact us to book your no-cost strategy session with our experienced New Jersey DUI attorneys now.

Does DUI Show Up on Background Checks

A DUI (Driving Under the Influence) charge in New Jersey is not considered a criminal offense but rather a traffic offense. Therefore, it does not show up on criminal background checks. Instead, the DUI charge appears on a person’s driving record, known as the NJ Driver History Abstract, and remains there indefinitely. Having a DUI on your driving record can have significant consequences, such as license suspension or revocation. It’s important to note that New Jersey does not offer an expungement process for DUI convictions, as they are not considered crimes under state law.

Although a DUI does not appear on criminal background checks, it may still have implications for certain professions that have conduct standards set by licensing boards, such as doctors, nurses, teachers, pilots, and lawyers. Depending on the rules of conduct, individuals may be required to report DUI convictions to their professional boards, which could result in license suspension or other career-related consequences. Additionally, some job applications may ask about convictions for serious traffic offenses, in which case a DUI conviction in New Jersey would need to be disclosed.

When facing a DUI charge, it is crucial to seek the assistance of a skilled New Jersey DUI lawyer. They can provide a strong defense to potentially have the charge dismissed or reduced to a lesser traffic offense. Common defense strategies may include challenging test results, presenting contradictory witness testimony, arguing for dismissal based on legal missteps, or demonstrating a lack of probable cause for the traffic stop.

Can a DUI Affect Your Career or Employment in NJ?

Many professions such as doctors, nurses, teachers, pilots, and lawyers have standards of conduct set by licensing boards. In these cases, you may be required to report certain convictions to the board. Depending on the rules of conduct, you may face suspension or even lose your license. This can have serious effects on your career.

If your licensing board requires you to report any criminal convictions, this does not include New Jersey DUIs because they are not crimes. But some licensing boards have reporting requirements specifically for alcohol-related offenses. In these cases, even though a DUI is not a crime in New Jersey, you may still have to report it to your professional board.

Depending on your job, you may have to answer the question, “Have you ever been convicted of a serious traffic offense?” A New Jersey DUI would qualify as a yes.

DWI attorney in NJ

Pretrial Intervention Program or PTI

Pretrial Intervention Programs provide first-time offenders (generally a non-violent offense or misdemeanor) with the chance of rehabilitation rather than being punished for New Jersey’s drug offenses. PTI’s rehabilitative model recognizes that there can be a connection between the offense charged and the needs of an offender for rehabilitation.

Rehabilitative services that are provided early on can be reasonably expected to prevent future criminal behavior. The rehabilitative services provided by a PTI emphasize that criminal behavior can often be influenced by sociocultural, economic, and other factors.

PTI’s requirements and guidelines for admission are laid out by Rule 3:28 in the state’s Rule of Courts. PTI seeks to address personal problems that are likely to lead to criminal activity and deter any future crimes or disorderly conduct by defendants.

Does PTI Show Up on a Background Check?

To examine whether the Pretrial Intervention (PTI) status appears on a background check in New Jersey, it’s crucial to grasp both the nature of the PTI program and the types of charges it covers. PTI serves as a diversionary program aimed at rehabilitating first-time offenders charged with indictable offenses by addressing underlying issues such as addiction or mental health. Completing the program successfully can result in the charges being dismissed, which is a significant benefit for participants.

It’s important to note, however, that PTI is not available for all types of charges. Specifically, offenses such as disorderly persons offenses or traffic violations, including DUI or DWI, are not eligible for PTI. If a DUI escalates to a more severe charge, such as driving with a suspended license that resulted from a DUI, then PTI may become an option.

When it comes to background checks, many wonder if their PTI participation or status will be visible. In reality, the PTI involvement itself does not appear on public records, but the initial arrest might still affect you temporarily. If you are accepted into the PTI program, your arrest will be noted as “arrest/charges pending” in police records and can appear on background checks. This status remains until you complete the program and seek expungement, a process that can only begin six months after successful completion of PTI.

For individuals concerned about how their arrest or PTI participation might affect future employment or other background checks, engaging a knowledgeable DWI attorney can provide guidance and assist in making informed decisions. Contact The Kugel Law Firm today to speak with an experienced New Jersey DWI lawyer.

Speak to an Experienced New Jersey DWI Lawyer at The Kugel Law Firm

A DWI conviction will remain on a person’s record for a long time. Employers, loan officers, and others who need to conduct a background check on the convicted person will be able to see this record.

If you are facing charges of driving while impaired or other drunk driving offenses in New Jersey, it is crucial that you retain an experienced New Jersey DWI lawyer. At The Kugel Law Firm, attorney Rachel Kugel has the courtroom experience and legal knowledge to defend you against DWI charges. Our team can also work hard for the best possible results in your case. For a free consultation, contact us today at (973) 854-0098.

from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/is-dwi-a-criminal-offense-in-new-jersey/