Can I get a conditional license if I’m convicted of a New Jersey DWI/DUI?

In New Jersey, there’s no such thing as a traditional conditional or hardship license or privilege. If convicted of a DWI/DUI, it used to mean a hardcore suspension regardless of whether it was a first, 2nd, or third DWI offense. However, the law changed in December of 2019. And now if you have a first offense DWI/DUI and a blood alcohol reading of less than .15 you’ll actually be allowed to install and maintain an ignition interlock device and once installed, the department of motor vehicles will give you a special interlock license that will allow you to drive without any conditions on time or place during the pendency of the installation requirement. So once the device is actually removed, you’ll be able to go back to motor vehicles and get your full regular license without any interlock requirement. So, after 2019, the law at least as to first offenders got a lot freer in terms of your ability to drive even after a DWI/DUI conviction. It can still be confusing and tough to navigate the system to get the best result and avoid a lengthy interlock requirement. In addition, there are defenses that exist that could save you from the DWI/DUI conviction(and the collateral consequences that go with it) altogether.

Getting the assistance of a knowledgeable New Jersey DUI attorney can provide you with a sense of comfort when dealing with your case. At Kugel Law Firm, we have a team of experienced DUI attorneys who can guide you through the legal process of your DUI case. They possess the required expertise and legal knowledge to construct a robust legal defense to ensure the best possible result for your case. To book a free strategy session, please call (973) 854-0098.

New Jersey DWI lawyer

Ignition Interlock: Installation and Duration

In the event that an individual is convicted of their first DUI offense, they may be obligated to install an ignition interlock device for a period of six (6) months to one (1) year upon the restoration of their driver’s license. However, if their blood alcohol content (“BAC”) level is 0.15% or higher, they will be required to install the device for a mandatory period of six (6) months to one (1) year after their license has been restored. In the case of a second or subsequent offense, the installation of the ignition interlock device is mandatory for the entirety of the license suspension period, as well as one (1) to three (3) years following license restoration.

In the event that an individual or their family member is mandated to install an ignition interlock device, it is required that every motor vehicle which is owned, leased, or regularly operated by the offender be equipped with a Breath Alcohol Ignition Interlock Device (BAIID). The Breath Alcohol Ignition Interlock Device (BAIID) must be approved and certified by the Chief Administrator of the New Jersey Motor Vehicle Commission. The device is calibrated to have an alcohol set-point of 0.05% breath alcohol concentration, which is the threshold at which the ignition is locked. Engaging in any actions that aim to tamper with the device is strictly prohibited, as it can lead to severe consequences such as facing charges in both criminal and civil courts. If you are facing DUI charges in New Jersey, our team of experienced DUI attorneys at Kugel Law Firm can defend your rights and assist you throughout the legal process. To book a consultation free of charge, please contact us at (973) 854-0098.

from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/can-i-get-a-conditional-license-if-im-convicted-of-a-new-jersey-dwi-dui/

Am I entitled to a lawyer before I decide to take a breathalyzer test if I am arrested for a DUI/DWI in New Jersey?

There’s a lot of confusion around this question, and I get this question all the time. People want to know, do they have the right to speak to an attorney, or to work with an attorney in deciding whether or not they should take a breath test after they’re arrested for DWI/DUI in New Jersey? Can they call anybody? Do they get a phone or a phone book, anything like that? 

Well, the answer in New Jersey is simply no. The obligation to take a chemical test is actually covered by something called the implied consent law. Just by driving a car in the state of New Jersey, you’re agreeing that if you’re ever properly arrested for DWI/DUI in New Jersey, you will submit to a chemical test of your breath. You can choose not to do so. But if you do, there are consequences and penalties for that. The police have to read you an implied consent form. And in that standard form statement, that warning actually does show your rights and obligations with regard to the breath test, including the fact that you do not have a right to an attorney. 

The implied consent form says you have no legal right to have an attorney, physician, or anyone else present for the purpose of taking the breath samples. And you have no legal right to refuse to give or delay giving samples of your breath. You don’t have a right to an attorney before deciding whether to give samples of your breath in New Jersey and just keep in mind that if you choose not to do so, there are penalties for it.

If you or a loved one is facing charges of DWI/DUI or refusing to take a breathalyzer test, it is important to consult with an experienced New Jersey DUI attorney right away. A skilled lawyer may be able to help protect your rights and your freedom. 

New Jersey DWI attorney

Implied Consent in New Jersey

New Jersey, along with other U.S. states, has laws that require anyone driving on roads to give their consent to be subject to a chemical breath or blood test for alcohol content if they are stopped or arrested because of drunk driving. New Jersey drivers are deemed to have “implied consent”. This consent is a condition that someone who is applying for a driver’s license must satisfy.

Consequences of Refusing Breathalyzer Tests

Implied consent in New Jersey means that if anyone is stopped because of suspicion of driving under the influence, law enforcement officers can subject them to a breathalyzer. Drivers who refuse to take a chemical or breath test can have their license suspended and they can be subject to an increase in their insurance rates.

Refusing to submit to a breath test does not mean that the driver is not going to be convicted of DUI because although the state does not have the result to show that a driver has a high BAC, prosecutors may be able to use the testimony of an officer who stopped the driver or other witnesses in the area. Eyewitnesses, for example, may be able to testify that your driving was reckless or erratic. The officer who stopped you may also testify that you showed signs of intoxication such as the strong odor of alcohol, bloodshot or glassy eyes, slurry speech, or unsteadiness.

Refusing to take a test automatically results in license suspension. This is why it is important to seek an experienced DUI defense attorney who can help you protect your freedom and your future if you’re facing DUI/DWI charges in New Jersey.

Speak to an Experienced DUI/DWI Lawyer at The Kugel Law Firm

The refusal to take a breathalyzer test in New Jersey carries a separate penalty from a DWI. If you are convicted of both charges, penalties can be doubled. This is why it is important to seek the help of an experienced DUI/DWI lawyer right away. 

The Kugel Law Firm is committed to protecting our client’s rights and freedom. Attorney Rachel Kugel and our team have repeatedly demonstrated our ability to succeed in the most challenging and complex drunk driving cases in New Jersey. Contact us today to schedule a free consultation.

from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/am-i-entitled-to-a-lawyer-before-i-decide-to-take-a-breathalyzer-test-if-i-am-arrested-for-a-dui-dwi-in-new-jersey/

Is DWI a criminal offense in New Jersey?

No, the good news is that DWI is a title 39 offense found in the statute related to motor vehicles. But don’t be lulled into believing that because it isn’t a crime it isn’t a serious offense. DWI can have harsh consequences including license revocations or suspension, ignition interlock requirements, fines, classes, thousands in surcharges, and even jail of up to six months. Though it will not give you a criminal record, it can have collateral consequences to your life and livelihood such as immigration issues, professional licensing issues, increased insurance rates, commercial driver’s license consequences, as well as potential issues for things like pending divorce or custody matters.

A skilled New Jersey DWI lawyer may be able to help you protect your rights and your freedom. They may also be able to help you seek alternative avenues that could lead to the best possible outcome for your case. At The Kugel Law Firm, experienced NJ DWI attorney Rachel Kugel has years of experience helping clients with their DWI cases. Contact us today 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.

DWI attorney in NJ

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. 

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.

It is important to speak to an experienced DWI lawyer if you are facing DWI charges, especially if it is your first time. A skilled attorney may be able to help you get into the program and help you seek other avenues that can ultimately lead to a favorable outcome for your case. Contact the Kugel Law Firm today to speak with an experienced DWI lawyer in New Jersey. 

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 will 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 NJ DWI defense lawyer. Attorney Rachel Kugel has the courtroom experience and legal knowledge to defend you against DWI charges. She will also work hard for the best results possible 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/

Can You Drive After DUI Before Your Court Date in New Jersey?

Getting charged with driving under the influence in New Jersey can be a terrifying experience for anyone, especially if it is your first time being charged with a legal offense. The timeline of events after being charged with a DUI seems like a blur and can easily overwhelm a person who is unfamiliar with the legal processes involved.

Seeking the help of an experienced New Jersey DUI attorney can help bring you peace of mind in dealing with your case. At The Kugel Law Firm, our team of dedicated DUI attorneys can walk you through the legal steps of your DUI case. We have the necessary skills and legal knowledge to build a strong legal defense to achieve the best possible outcome for your case. Contact us today at (973) 854-0098 to schedule a free strategy session.

I got arrested and charged with a DUI. Is my license considered suspended?

New Jersey does not classify a DUI as a criminal offense rather, it is considered a traffic violation under NJ law. If you are charged with a DUI in New Jersey, you may be allowed to keep driving until the date of your arraignment or your court date. 

It is important to seek the help of an experienced New Jersey DUI attorney to protect your rights and represent your interests in court. A DUI conviction can have a significant impact on a person’s life. Loss of driving privileges can mean increased hardship in fulfilling your personal commitments. You may find it difficult to continue to go to work or other activities and may even be subject to a jail sentence. Depending on the facts of your case there may be an option to keep driving with the installation of an ignition interlock device in your vehicle. 

At The Kugel Law Firm, our attorneys work hard to provide quality legal counsel and representation to New Jersey residents who have been charged with a DUI. We diligently investigate the circumstances of your case to build the best legal strategy possible. To learn more about how we can help you, call us today at (973) 854-0098.

Timeline After a DUI Arrest in New Jersey

When you are charged with a DUI, understanding what your charges are and knowing what to expect can be crucial in getting the best possible outcome. Our team of skilled DUI attorneys at The Kugel Law Firm helps clients navigate the legal system and understand their rights and responsibilities under the law.

At the Police Station

A driver arrested on DUI charges may not be required to stay at the police station or post bail unless there are additional criminal charges leveled against them. 

It is also possible for a driver to be issued multiple traffic tickets for additional offenses in addition to the DUI. Many DUI cases also include charges of reckless and/or careless driving as well as other moving violations. 

The DUI ticket will indicate the court date which also serves as the driver’s arraignment date. The arraignment date usually happens a few days after the arrest. 

Arraignment

At the arraignment, the judge will read the charges against you as well as your rights and advise you to retain the services of a lawyer if you haven’t already. This will also be the time when you will be allowed to state whether you plead guilty or not guilty. 

It is advised to seek the help of a skilled attorney before the date of the arraignment, preferably as soon as you are charged with a DUI. An attorney can either file a notice of appearance or seek a waiver of the arraignment before a request for discovery. Whether you attend or request a waiver would depend on what your attorney advises you, based on the circumstances of your case. 

Discovery

The request for discovery is a request for all the information and records pertinent to your arrest. This can include the following information:

• Video or audio recordings from the time of your arrest
• Copies of your BAC test and results including supporting documents
• Name and contact information of the arresting officer/s and their police reports
  

Your attorney can also determine if there is a need for and conduct an additional, independent investigation of your case. This can include interviewing witnesses, collecting medical information, taking photos of the scene, consulting experts, and gathering other evidence that may help build a strong legal defense against your charges.

While the discovery process is ongoing, your attorney can request that evidence the prosecutor has that can be useful in your case be preserved. Some video and audio recordings may not be available if not requested immediately after an arrest. Should the prosecutor fail to comply with your attorney’s legitimate requests, your defense attorney can seek a remedy or compel the production. 

Your attorney can also request that certain evidence be suppressed, especially if the means by which they were acquired are faulty. Pre-trial orders and motions to suppress or compel under the discovery process can be crucial in building your legal defense.

Trial

DUI trials in New Jersey are presided over by a judge. New Jersey law does not give defendants the right to a jury trial in DUI cases. Your case will be heard and decided by a judge who will rule based on the evidence and impose the appropriate sentence. The prosecution will present its case, aiming to prove your guilt beyond a reasonable doubt. Once the prosecution has presented, the defense can enter a motion for the judge to enter a judgment of acquittal or not guilty. If the judge does not accept, the defense will present its case.

After the defense has presented its case, the judge will pass the judgment of either guilty or not guilty. If the verdict turns out to be guilty, the judge will request that the defendant surrender their driver’s license. 

If you have been charged with a DUI in New Jersey, it is crucial to speak with a skilled New Jersey DUI attorney as soon as you can. A DUI conviction can leave a permanent mark on your record and affect your personal and professional life. You may be subject to a jail sentence, expensive fines, and license suspension or revocation. 

Led by top-rated New Jersey DUI attorney Rachel Kugel, our team at The Kugel Law Firm understands the potential ramifications a DUI conviction can have on a person’s life. This is why we work hard to deliver results and provide compassionate but aggressive legal representation to defend the best interests of our clients. Contact us today at (973) 854-0098 or fill out our online form to schedule a free consultation.

from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/can-you-drive-after-dui-before-your-court-date-in-new-jersey/