FEDERAL CRIMINAL LAWYERS

NJ DUI

If you are caught driving while under the influence of drugs or alcohol, you could be charged with a misdemeanor or felony offense. The severity of the charge will depend on multiple factors such as your blood alcohol content at the time you are taken into custody. Let’s take a look at other factors that could come into play in a DUI case and the potential penalties that you might face if convicted of such a crime.

How an Officer Determines If You Driving While Impaired

Generally speaking, erratic driving is a clue that a motorist is operating a vehicle while under the influence of drugs or marijuana. However, an officer will look for other clues such as the smell of alcohol on your breath or the smell of marijuana coming from your car. Slurred speech, bloodshot eyes or disheveled clothing could also be signs that you’re not capable of operating a motor vehicle safely.

Factors Besides Blood Alcohol Content That Determine the Severity of a DUI Charge

State law may mandate that any driver who has had a previous DUI conviction in the past several years be charged with felony drunk or impaired driving. This may also be true if you have a child in a vehicle that you are operating while impaired by drugs or alcohol. Finally, a charge might be upgraded if your reckless behavior injures another individual or causes significant property damage.

The Penalties You Could Face If Convicted of Drunk or Impaired Driving

There is a chance that you could be sentenced to jail or prison time even if you have no prior DUI convictions on your record. There is also a strong chance of paying a fine of up to $1,000 in addition to other court or legal costs. If you fail to submit to a blood or Breathalyzer test, your license will likely be suspended even if you are ultimately acquitted of the drunk or impaired driving charge.

This is because New Jersey has implied consent laws that all drivers agree to abide by when obtaining their licenses. A judge might also sentence you to community service or require that an ignition interlock device (IID) be installed in your vehicle. An IID measures the amount of alcohol in a person’s breath and won’t start if your blood alcohol level is at .02% or higher.

The Potential Defenses to a DUI Charge

There are many different defenses that an attorney may employ to help you obtain a favorable outcome in your legal matter. For instance, it might be possible to claim that you were experiencing a medical emergency at the time an officer witnessed your vehicle swerving on the road. It might also be possible to assert that you had unknowingly consumed alcohol or had been forced against your will to drive after consuming marijuana or other drugs.

Alternatively, your attorney could cast doubt on the results of a blood or breath test administered at the scene of a traffic stop. In some cases, there may be reason to cast doubt on the basis for the traffic stop that led to the DUI charge. If successful, evidence collected after an officer first made contact with you could be suppressed before or during a trial.

If you have been charged with DUI, it is important to speak with an attorney as soon as possible. He or she may be able to help you better understand your rights during the legal process and provide more information about what might happen if you are convicted of the charge. In the event that a case is dropped, legal counsel may be able to get it expunged from your record.