Although a DWI is technically a motor vehicle violation, it is among the most aggressively prosecuted crimes in the state of New Jersey. Driving under the influence of alcohol or drugs is considered such a serious crime because of the tragic, and sometimes fatal consequences of drunk driving accidents. New Jersey lawmakers see DWI as a crime in which the offender places their own life, and the lives of others, at risk. As such, these offenses are subject to strict sentencing guidelines that limit judicial and prosecutorial discretion. Essentially, this means that the penalties to which you are exposed upon conviction cannot be lessened through negotiation or by demonstrating that you are otherwise a law-abiding citizen who made one mistake. When charged with a DWI, you have one chance to make a case before a single municipal court judge; you are not entitled to a trial by jury, as you would be with other criminal offenses. In other words, the stakes are exceedingly high in a New Jersey DWI case because it is a zero-sum game, requiring you to make a compelling case for a dismissal, or to risk losing your license, paying thousands of dollars in fines, damaging your reputation, and in some cases, going to jail.
The highly skilled DWI defense attorneys at The Montanari Law Group have extensive experience defending clients charged with DWI in Wayne, Clifton, Totowa, Little Falls, and throughout Passaic and Essex counties. Our strategies for achieving superior outcomes are informed by the most in-depth knowledge of DWI procedure and evidence, from field sobriety testing to breath sample results obtained through the Alcotest device. When we become involved in your case, we thoroughly investigate every facet in order to identify errors and weaknesses that may lead to a dismissal. We will then built a comprehensive and compelling strategy for achieving the best possible outcome. Having been honored by organizations such as Super Lawyers, the National Trial Lawyers Association, and the National Association of Distinguished Counsel, our mission is to provide clients with superior outcomes through unparalleled representation. To discuss your case with one of our seasoned Passaic County DWI attorneys today, contact our offices in Little Falls at 973-233-4396 or toll-free at 888-877-7985 for a cost-free consultation.
At The Montanari Law Group, we aggressively challenge any element of the prosecutor’s case, ranging from probable cause for the traffic stop, to field sobriety testing, breath test readings from the Alcotest breathalyzer device, and blood test results if applicable. We also evaluate police protocol at every stage of the case, from the initial stop, to the arrest, to the 20-minute observation period, and the evidence chain of custody, to identify potential defense arguments that we may leverage to achieve a dismissal.
We fight on behalf of clients charged with a vast array of DWI offenses, including:
DWI offenses in New Jersey are structured in such a way that the specific type of DWI determines the penalties imposed upon those found guilty. The number of previous DWI offenses for which you have been convicted, your blood alcohol content (BAC) at the time of the offense, and the location of the offense (i.e. in a school zone) will determine the sentencing range within which your case falls. Below is an overview of the various types of DWI charges, with their associated penalties.
First Offense DWI penalties vary based on the driver’s blood alcohol content (BAC) at the time of the offense.
For a blood alcohol content ranging from 0.08% to 0.1%, the penalties are as follows:
For a blood alcohol content that exceeds 0.1%, the penalties above apply, except for the additional penalties outlined below:
In addition to the above penalties, drivers are required to install a mandatory ignition interlock device in their vehicle for the period of driver’s license suspension and between 6 and 12 months after license restoration if their blood alcohol content (BAC) exceeds 0.15%.
Second offense DWI penalties are the same for all defendants, regardless of their blood alcohol content, as long as it exceeds the legal limit of 0.08%. The penalties for second offense DWI are as follows:
In order to be charged with a third offense DWI, your last DWI offense must have occurred within 10 years of the current DWI offense. As with a second offense DWI, your blood alcohol content is irrelevant as as long as it exceeds the 0.08% threshold. The penalties for third offense DWI are as follows:
The penalties for DWI in a school zone are more severe than typical DWI offenses, resulting in additional fines ranging from $500 to $800, extended jail time for up to 60 additional days, and a lengthier period of driver’s license suspension for between 1 and 2 additional years.
New Jersey has enacted implied consent law. This means, under New Jersey law, any person who operates a motor vehicle on any road, street or highway in New Jersey automatically provides his/her consent to the taking of samples of his/her breath for the purpose of submitting to chemical tests to determine the content of alcohol in his/her or her blood.
If you refuse to submit to a breathalyzer test, you will be charged for your refusal. You may also be charged with a DWI (which is a separate offense). You may be charged and convicted for DUI without evidence of being under the influence of a breathalyzer.
A refusal to take a breathalyzer exam when suspected of Driving While Intoxicated can be a serious offense. Your drivers license may be suspended or revoked for a refusal to submit to a breathalyzer exam.
First-time offenders face suspension of their drivers’ license for seven months to one year. A two-year suspension may be imposed upon second-time offenders. A 10-year suspension is imposed on third-time offenders. In addition, DWI penalties may be imposed. The penalties will seriously impact your life and/or job.
There are defenses that exist to all DWI related charges. Too many risks are associated with representing yourself in court. An experienced DWI defense attorney can help you and defend your rights. Having the right attorney on your side can make a significant difference in the outcome of your case.
It has been said that Americans self-medicate more than citizens from any other country, sometimes to our detriment. When a person operates a vehicle and is impaired, or they permit someone they know to do so, they are guilty of DUID. The offense of driving under the influence of drugs (DUID) in New Jersey can mean using controlled substances, over-the-counter (OTC) medication such as NyQuil or Benadryl, or a prescription drug such as valium. Also, any narcotics, hallucinogenic substances, or habit-forming drugs are considered controlled substances.
If you are facing Drug DUI charges, the first action item on your list should be speaking with and retaining a qualified and experienced DWI defense lawyer to go over your case and explore all of your defense options from different sides in a free initial consultation. Our Passaic County Drug DUI defense lawyers have experience handling driving under the influence of drugs and similar types of cases in Wayne, Clifton, Paterson, Woodland Park, Little Falls, Haledon, and throughout Passaic and northern New Jersey.
Painkillers such as fentanyl and oxycodone and antipsychotics such as Seroquel or Quetiapine are common prescription drugs, as are clorazepate, Xanax, and lorazepam for anxiety. Drugs are everywhere, sometimes prescribed, sometimes taken without a prescription. Adderall and Ritalin are for ADHD and produce a buzz-like high. Combining those drugs with alcohol, marijuana, other illegal substances, or OTC medications can cause irrational behavior, vomiting, violent episodes, hallucination, drowsiness, arrhythmia, and hyper/hypoventilation. Other signs include loss of inhibitions, loss of coordination, slurred speech, enlarged pupils, bloodshot or glassy eyes, dizziness, aggressive behavior, euphoria, dizziness, profuse sweating, and irritability. In severe cases such as fentanyl with heroin, they can cause accidental death. Following several deaths of musicians and actors found with that combination in their systems, it has become common in the public at large. Clearly, it is perilous.
Like any DWI charge anywhere, New Jersey takes driving under the influence very seriously. When a person is under the influence and cannot control their vehicle, the injuries can be grave. That is why New Jersey takes these charges so seriously. In fact, New Jersey has stiffer penalties for driving under the influence of drugs offenders than for first-time DWI involving alcohol. DUI drugs violations are in a higher tier DWI equivalent to someone driving with a BAC of 0.10% or higher.
The first offense carries a suspended license from 7 months to 12, 12 to 48 hours at an intoxicated driver resource center, a fine of $300-$500, up to 30 days in jail, an insurance charge of $1,000 per year for three years, a $100 DUI enforcement surcharge, and six months to a year with an ignition interlock device installed in the primary vehicle at the judge’s discretion.
The second offense within ten years carries a possible 48 hours to 90 days in jail, 30 days of community service, a fine of $500-$1000, 12-48 hours in the driver resource center, driving license suspended for a year. An insurance charge of $1,000 for three years, a $100 DUI enforcement charge, and a required ignition interlock during the suspension and 1-3 years after the driving privileges have been granted.
The third offense within ten years carries a mandatory fine of $1,000, not less than 180 days in jail, but 90 can be served in an inpatient facility approved by IDRC, an insurance charge of $1,000 for three years, a $100 DUI enforcement charge, driving license suspended for ten years, and a required ignition interlock during the suspension and 1-3 years after the driving privileges have been granted.
Believe it or not, a DRE is an officer trained in observational skills that allow them to determine what the driver has taken (Xanax, Adderall, Paxil, etc.) but in what quantity and whether or not the driver is impaired. The prosecution is obligated to prove beyond a reasonable doubt that the driver cannot drive safely because they are affected by what they have consumed.
DRE officers examine the driver’s vital signs, heartbeat, respiratory frequency, a psychosocial test, an interview, muscle tone, eye movement, and any symptoms that can be observed that would identify intoxication and which drug.
The DRE training is relatively minimal. They are provided 72 hours of training over nine days. That is hardly enough time to even scratch the surface. Officers don’t have the medical expertise to determine what substance and how much was taken. They don’t consider a person’s metabolism, absorption, nervous system, and physiology. No medical history is made. These are complex body systems, and unless they were a doctor and lab technicians, any observation they would give has the potential to be called into question.
In New Jersey, if you are pulled over for a DWI because the police suspect you have had too much to drink, you are obligated to take a breath test. If you are over the legal limit, you will be arrested. There is no legal limit for drugs because they cannot be measured. Officers can request a blood and urine sample to determine what substance you have taken, but that does not occur until after you have been arrested. Blood testing requires your consent or a warrant in most cases. If you comply and get the test, it must be sent to the lab. Although a lab tech is handling it, urine and blood samples should also be thoroughly reviewed by your attorney and potentially a DWI expert as well. False positives can and do occur, as do errors with administering these tests or evidence issues like the chain of custody. Also, it is impossible to identify how much of a drug was taken or when.
The first rule is to be quiet. Don’t try to explain, don’t answer questions; act calmly and respectfully. The police didn’t stop you for a chat. They believe you have done something wrong. Don’t give them ammunition. Make sure you were stopped for a legal reason. If you were stopped and there wasn’t an infraction or clear evidence that you were impaired, your case may be thrown out.
If an officer or a DRE uses an invalid, inaccurate, or non-standardized field sobriety test or accuses you of having taken a specific substance, know the first rule and call a lawyer. If you were not properly instructed before any road or other testing, and did not understand what the officer said, you may have a defense. If you are obligated to provide urine or blood samples, the results may be evaluated an if issues exist, proven inadmissible in court.
Part of being detained for a drug DUI is the possibility that the driver may be keeping drugs in the car, which will often be found when the police officer searches. So now, besides DUID, the driver may be facing additional charges for possession of CDS in a motor vehicle, drug possession, and depending upon the quantity of the substance, possession with intent to sell or distribute. This raises the stakes in the case and increases potential consequences of being convicted.
If you have been arrested for driving under the influence of drugs (DUID), you are probably very concerned. New Jersey drugged driving laws are some of the strictest in the nation, but we are dedicated to helping our clients obtain the best results possible when tirelessly defending them.
The most important thing for you to know if you are arrested for Drug DUI charges is that defense attorneys who handle these cases can prove massively useful to your case. The DUI lawyers at Montanari Law Group have decades of experience defending clients charged with driving on drugs in New Jersey. Many times, charges are so subjective and the evidence is weak. Since many mistakes can be made and the evidence may be lacking to prove the case against you in court, our DUI attorneys inspect every element intensively and we know how to take advantage of them. Our firm consistently defends clients in courts in West Milford, Ringwood, Wanaque, Hawthorne, Totowa, and throughout Passaic County.
To speak with one of our highly knowledgeable Passaic County DWI defense attorneys, contact us today at 973-233-4396 or toll-free at 888-877-7985 for a free initial consultation. We also provide flexible appointment options at our centrally-located offices in Little Falls, New Jersey.