New Jersey Criminal Lawyers Blog
Driving under the influence of drugs or alcohol is a serious, dangerous practice not only for the offender but for their potential victims. Law enforcement agencies across the country treat it as such. While interdiction efforts and police presence are increased during certain times, particularly around holidays, patrols are always on the lookout for impaired drivers in hopes of preventing accidents before they happen.
Most people charged with a DUI may not be aware of the extent to which their judgment and reflexes have been impaired. Many may believe they are fit to operate a motor vehicle. Some make the mistake of thinking a DUI charge is just another motor vehicle violation, but it isn’t. While defendants have the right to represent themselves in court, retaining an attorney is in your best interest.
The laws pertaining to DUIs vary by state. In New Jersey, the penalties for a DUI offense depend on several factors including whether:
- This was a first or subsequent offense.
- The driver was under the influence of alcohol or of drugs.
- The impairment resulted in an accident and whether that accident involved injuries or property damage.
Penalties for a DUI in New Jersey can include fines, jail time, suspension of your driver’s license, community service, mandatory participation in the state’s Intoxicated Driver Resource Center (IDRC), or any combination thereof. These penalties can have long-term repercussions.
The monetary penalties include hundreds of dollars in fines and thousands of dollars in insurance surcharges. Additionally, license suspensions range from three months for a first offense, two years for a second offense, and eight years for third and subsequent offenses, seriously impacting the defendant’s ability to get to and from work or school. A defendant may face additional penalties in the event there was an accident, and is subject to criminal charges in the event of injury to a victim.
Reasons to Consider Hiring an Attorney
Laws pertaining to DUI offenses are complicated and subject to frequent changes. Navigating the legal process for this or any crime is a daunting challenge for the inexperienced. And while hiring an attorney will not absolve you of any wrongdoing, it could potentially help you keep the consequences to a minimum. A lawyer experienced in DUI cases can help you navigate the legal system and potentially minimize your consequences by:
- Identifying weaknesses in the case against you
- Seeking a reduction of charges or a dismissal based on evidence
- Evaluating any constitutional legal issues associated with the circumstances of the event and filing applicable legal applications
It is important to note that DUI convictions remain on your record indefinitely and, typically, are not eligible for expungement. If you are charged with a DUI, consultation with a criminal defense attorney can help ensure that your rights are protected throughout the legal process.