New Jersey DWI Lawyer Blog

The New Jersey State Supreme Court Appellate Division recently rejected the argument of defendant-respondent, Damian Tirello, who claimed that his breath test results were not admissible as evidence because the Alcotest-trained police officer did not remain in the DWI room with him during the 20-minute waiting period prior to administering a blood-alcohol content (BAC) breathalyzer test.

The Court referred to a previous ruling (State v. Ugrovics, 410 N.J. Super. 482 [App. Div. 2009]), and stated that the procedural requirements were in fact met in original case against Mr. Tirello. The appeal had been brought by the state as a result of a lower court's decision to throw out Tirello's breath test results due to a failure of the police to follow the correct procedure.

As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the ins and outs of breath testing. In this particular case, the subject of the breathalyzer test claimed that the same officer did not remain in the DWI room, having left for a period of time before coming back to administer the breath test. However, the Court ruled that because another officer was in the room with the suspect continuously that the procedures were followed and the breath test results would stand.

According to court records, Tirello was arrested following a two-car accident in Wildwood, NJ. The man admitted to police that he was one of the drivers involved, during which Patrolman Nino Cusella detected an odor of alcoholic beverage on defendant's breath and observed that defendant's eyes were watery and bloodshot.

Although Tirello reportedly denied drinking any alcoholic beverages, Officer Cusella told him that he was stuttering and his speech was slurred. The suspect then admitted to drinking a couple of beers earlier in the evening. Although defendant was able to recite the alphabet, he swayed while performing field sobriety tests. He was then arrested, handcuffed and searched.

Officer Cusella testified that "everything" was taken from defendant's person, including his cell phone and any type of food, gum, mints or cigarettes. Police kept the suspect handcuffed in the patrol car and they were not removed until he was taken into the "DWI room" by Officers Cusella and Chobert.

According to reports, Tirello remained in the presence of an officer who was able to observe that he never put anything in his mouth, did not burp or regurgitate and did not use the bathroom.

Continue reading "NJ DWI Law Update: Jersey Supreme Affirms Alcotest Subject be Monitored by "Any" Competent Witness(es)" »

Recent statistics released for Cape May County indicate that Middle Township saw the most DWI cases than any other municipality in the county. Out of 477 drunken driving cases throughout the county, Middle Township had 82 cases -- this translates to 17 percent of the entire county's driving while intoxicated prosecutions.

As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the techniques that the township's attorneys typically use to secure a conviction for driving under the influence of alcohol. Based on the recent news article, Ocean City saw the most court cases overall, but lagged behind Middle Township by nearly three dozen DWI cases.

On a percentage basis, DWI cases accounted for less than one-half percent, while in Middle Township drunk driving accounted for just over two percent of all court cases. Although Upper, Lower and Dennis townships all had less DWI cases, the percentage of drunken driving prosecutions out of all cases exceed that of Middle Township.

Addition information from the county's report included indictable criminal cases, disorderly persons and other criminal offenses. The traffic cases were broken down into DWI, moving violations and parking offenses. A total of 47,682 traffic cases were heard by county courts during all of 2009 - more than 80 percent of all cases in Cape May County.

More than 12,500 or 20 percent of all county cases were handled in Ocean City Municipal Court, due to its 1,468 criminal cases and particularly its many traffic violations 11,087. In fact, Ocean City's meter maids wrote a county-leading 7,820 parking tickets.

The judiciary also released its Superior Court statistics on January 25. Those figures showed 7,351 total cases in Cape May County courts -- 668 criminal, 3,912 civil and 2,771 family.

Ocean City's Municipal Court Sees Most Cases in County, CapeMayCountyHerald.com, January 25, 2010

New Jersey has added another weapon to its arsenal of drunk driving laws, making even first-time DWI convictions more onerous for those caught driving while intoxicated. As a New Jersey drunk driving defense attorney and motorist myself, I've seen the aftermath of accidents caused by impaired drivers. At the same time, I also understand how even a single DWI or drug DUI conviction can haunt a person for many years to come.

The latest law coming out of Trenton last week now makes it mandatory that anyone convicted of a drinking and driving offense must have their vehicle fitted with a breathalyzer ignition interlock device. Not only does the stigma of a DWI conviction cost an individual in court fines and increased insurance premiums, now there is the added embarrassment and inconvenience of starting one's vehicle. All of which makes it imperative to seek the services of a DWI defense lawyer.

According to reports, legislation has now been passed and signed into law by acting Governor Sweeney to add mandatory ignition interlocks for all drunk driving offenses in New Jersey. Known as "Ricci's Law" in honor of the Egg Harbor Township teen killed by a hit-and-run drunk driver, the bill was signed into law on Thursday, January 14.

The now-mandatory ignition interlocks incorporate a breathalyzer-type device that only allows a car to be started is the driver is sober. When attempting to start the vehicle, the driver must first blow into the device. If the interlock registers above a specific blood-alcohol content (BAC) -- usually greater than 0.02 percent to 0.04 percent -- the vehicle is rendered inoperable.

Under the measure, any person convicted of drunk driving will be required to install an ignition interlock device in any motor vehicle principally owned by the offender, though first-time offenders would have to have a BAC of at least 0.15 percent. In such cases, the court will require first-time offenders to install the interlock for a period of six months to one year.

The previous law imposed driver's license suspensions on all persons convicted of drunk driving. That penalty is still in effect.

Under the new law, the interlock device will also be mandatory in all cases and will be required to be in effect during the period of time that the license is suspended. In addition, persons who are convicted of refusing the breath test also will be required to install an ignition interlock device.

Bill Requiring Ignition Breathalyzer For DUI Convictions Now Law, NJToday.com, January 15, 2010

Multiple drunken driving arrests or numerous DWI convictions can be devastating to a New Jersey resident's driving record, much less a person's life. When a traffic fatality is involved, the legal situation can become very serious very quickly. As a New Jersey drunk driving defense attorney, I and my colleagues have represented hundreds of individuals in drunk driving-related court cases. Many of these cases have had to do with the death of another person, which makes a DWI lawyer a necessity.

Recently an out-of-state motorist was indicted for what is referred to as aggravated manslaughter as a result of a fatal Cape May automobile crash in September of last year. According to news reports, John J. Lawless, 37, of Philadelphia was indicted on January 12 for aggravated manslaughter. The first-degree offense occurred on September 12 when Lawless allegedly killed Frederick Shelton, a Lower Township, NJ, resident.

Based on news reports, the chief assistant prosecutor in the case said that Lawless had a blood-alcohol content of 0.229 percent, which is nearly three times the legal limit in New Jersey. Authorities allege that Lawless was driving his Chrysler Sebring while intoxicated, when he veered into the southbound on Route 9 near Bennetts Crossing in Lower Township, hitting a Ford Escort carrying Shelton, his wife and the couple's 13-year-old daughter.

Shelton was killed in the crash, while his wife, Sheri, and daughter, Brittany, were injured in the accident. The two survivors of the crash were airlifted to Cooper University Trauma Center in Camden in critical condition. According to police records, Lawless has a long record of drunk driving offenses in Pennsylvania, including:

-- Oct. 3, 1996: Driving While Intoxicated (DWI) arrest

-- March 16, 1998: DWI arrest with 2-month min/3-month max prison term, plead guilty

-- Sept. 7, 1998: DWI arrest with 2-month min/3-month max prison term, plead guilty

-- April 29, 1999: DWI arrest. Plead guilty to recklessly endangering another person. Placed
on one-year probation. Plead guilty to DWI, 2-month min/3-month max prison term

-- July 62, 2004: DWI arrest. Dismissed under speedy trial regulations

-- June 11, 2005: DWI arrest with 1 yr min/2 yr max prison term. Plead guilty

-- Dec. 24, 2008: Involved in a motor vehicle accident in Philadelphia, arrested for DWI

Law enforcement authorities state that Lawless' Pennsylvania driver's license was suspended indefinitely on or about 2001.

PA Man With 7 Prior DUI Arrests Indicted For Aggravated Manslaughter In Fatal Crash, CapeMayCountyHerald.com, January 12, 2010

Northern New Jersey gets its share of drunk driving arrests. Depending on the situation, drivers can be stopped for reckless driving or failure to maintain their lane, after which the officer may decide that the driver is intoxicated. When a patrolman suspects that a motorist is driving under the influence of alcohol, prescription drugs or even marijuana or other illegal substances, he may request the driver to take one or more field sobriety tests.

Being a New Jersey DWI defense lawyer, as well as a former municipal prosecutor, I have a vast amount of experience in defending individuals who have been arrested and charged with drunken driving. While circumstances vary, many DWI arrest scenarios are quite similar. The following is a short list of recent drunk driving arrests from Clifton, NJ.

A 22-year-old Maplewood resident was arrested and charged with driving while intoxicated (DWI) in the early morning hours of December 29. According to reports, Officer Daniel Ishak approached a vehicle stopped on Clifton and Van Houten avenues around 2am and found the driver allegedly unconscious behind the wheel of this vehicle with the engine running. The officer opened the door and detected signs of intoxication, according to reports. The officer woke the man and gave him several roadside field sobriety tests, which he apparently was not able to complete. The officer arrested the driver. He was charged with DWI after recording a blood-alcohol content (BAC) of 0.16 percent on a breathalyzer.

According to news reports, Officers responded to Broad Street and Seton Lane on a report of a suspicious vehicle with an unconscious person inside around 2:30am on December 24. Upon arriving, officers approached the Mercury Mountaineer with a 35-year-old Clifton woman inside. The officers reportedly detected signs of intoxication. While questioning the woman, she allegedly became combative and resisted arrest. Police claim that she also tried to grab one of the officer's flashlights. She was subsequently transported to police headquarters where she was posted a 0.13 BAC. She was charged with DWI as well as with resisting arrest.

In a third incident, news reports indicate that another Clifton resident was arrested on Christmas Eve for drunk driving following a traffic accident. According to police reports, police responded to Mahar Avenue on a report of a 2005 BMW involved in a motor vehicle crash. At the scene, police suspected that the 31-year-old driver may have been intoxicated after questioning the driver. A series of field sobriety tests were performed, which the driver allegedly could not pass. He was charged with DWI after posting results of 0.20 percent BAC on a breath alcohol test. In addition to drunk driving, the man was also charged with hindering apprehension because he originally had told police his girlfriend had been driving the car.

Clifton Journal, Police Blotter, NorthJersey.com, January 1, 2010

It's no secret that driving while intoxicated in the New Jersey area can be hazardous to the person who has been drinking, as well as others on the road. Secondarily, the penalties for DWI in the Garden State can carry heavy fines and even jail time.

Although most people do not intend to be charged with drunk driving, the penalties for operating a motor vehicle while under the influence of alcohol are designed to penalize anyone who breaks the state's drunken driving laws. As a New Jersey DWI defense lawyer, many of the people whom I have represented over the years are first-time drunk driving offenders.

According to the National Highway Traffic Safety Administration (NHTSA), last year 154 people were killed in automobile collisions that involved at least one intoxicated person. That figure is reportedly down from 2007, in which 201 people died in DWI-related accidents. 2008 is the latest year for which complete statistics are available. In addition, drunken driving arrests dropped six percent, based on data provided by the state police.

Anti-drunk driving campaigns such as "Over the Limit, Under Arrest" are designed to catch motorists who drive while impaired by alcohol or prescription drugs (drug DUI). If caught, a first-time conviction for DWI with a blood-alcohol content of 0.10 percent or more will result in several mandatory penalties, including loss of driver's license for up to one year; fines, fees and surcharges of up to $4,000; jail time of up to 30 days; plus 12 to 14 hours of community service.

The penalties for a first time DWI conviction involving a blood-alcohol content greater than 0.08 but less than 0.10 percent is not much better.

It's conceivable that these stiff penalties are driving the arrest rate down across the state. In any case, the bottom line is don't drive drunk and if you pulled over, enlist the services of an experienced drunk driving defense lawyer.

A lot at risk, NorthJersey.com, December 18, 2009

Drunken driving, or DWI (driving while intoxicated), is a serious offense in New Jersey. From Atlantic City to Newark, law enforcement agencies and state legislators are getting more and more tough with people who drive under the influence of alcohol. As a New Jersey drunk driving defense lawyer, I and my colleagues understand the dangers of driving under the influence of alcohol or prescription drugs (DUI or drug DWI).

Recently, the New Jersey state legislature has taken on the task of making those convicted of fatal DWI traffic accidents go to jail and stay there longer. These days a conviction in the Garden State for operating a motor vehicle while inebriated is an expensive proposition; killing another person while drunk usually calls for jail time -- soon that jail term may be longer than many expect.

According to news reports, a bill entitled "Josh's and Craig's Law" could increase the penalties for motorists who cause a fatality as a result of a DWI traffic accident. The new legislation is being sponsored in the state Senate by Senator Jeff Van Drew and in the Assembly by Assemblymen Matt Milam and Nelson Albano.

The bill takes its name from Josh Moren and Craig Lozier, who died within weeks of each other in similar DWI-related accidents in Cape May County last year. The common thread, according to news reports, is that these two individuals were apparently killed by drivers who allegedly were driving under the influence of a large amount of alcohol, or a mix of drugs and alcohol.

Moren, who was 18, died in June of 2008 along Route 47 in Middle Township just three weeks after graduating from Sacred Heart High School. He was killed by 48-year-old Laura Lippie of Bridgeton, NJ. Lippie is currently serving more than sevens years in prison at Edna Mahan Correctional Facility for Women.

According to news articles, the new law would mandate a minimum sentence of 10 years for an DWI offense involving high levels of intoxication, such as Lippie was convicted for. Based on court records, Lippie pleaded guilty to having spent the day before the accident drinking vodka. Her blood-alcohol content (BAC) at the time of the accident was measured at 0.37 percent -- more than four times the legal limit.

Several weeks after Moren was killed, Lozier was hit by a drunk driver as he was riding a motorcycle on Route 47 near his home in Cape May Court House. Police reportedly filed DWI and drug possession and distribution charges against Nicholas Golden, the driver who hit Lozier. Golden was subsequently indicted on first-degree aggravated manslaughter charges, which carries between 10 and 30 years in prison. At the time of the news article, Golden was free on bail pending trial.

Continue reading "New Jersey DWI News: Pending Legislation could Increase Jail Sentences for Fatal DWI Accidents" »

As a New Jersey drunk driving defense lawyer my job is to help motorists accused of DWI or driving under the influence of alcohol. My office also handles drug DUI (driving under the influence of prescription drugs, as well as marijuana and other substances). The road to a drunk driving conviction is now necessarily a long one, but it has many steps. I'll outline the process here to help explain the usual stages of a DWI case.

Arrest
Whether you live in Newark, Atlantic City, Trenton or any of the dozens of cities and towns throughout the state, every DWI charge starts with an arrest. You should know that for a drunk driving traffic stop to be valid it stop must be supported by what the law defines as reasonable suspicion that a motor vehicle violation has been committed.

As per State v. Carpentieri, New Jersey's Supreme Court held that a police officer must have an articulable and reasonable suspicion that a traffic law violation has in fact occurred before he or she may effect a DWI stop. Furthermore, once a motorist is stopped, that law enforcement officer must have probable cause to believe the driver of the vehicle is intoxicated before he or she can make an arrest and conduct a breathalyzer test.

Bear in mind that there is no right to advice from counsel at this early stage and therefore an attorney, in particular, an experienced DWI lawyer, will be of no assistance at this point in time.

Arraignment
The next step following an arrest for DWI, DUI, or breath test refusal in New Jersey is the arraignment. During this step, the defendant receives a Complaint. Once the Complaint is filed, the defendant makes his or her initial appearance at arraignment where the court informs the defendant of the charges. At this same time, the defendant is informed of his rights under the law and then he or she will enter a plea of guilty or not guilty.

If you hire a drunk driving defense lawyer to represent you, the initial appearance can normally be waived. The arraignment can be "adjourned" by the attorney sending a letter of representation to the Court advising it that you are represented, were advised of your rights, and that you are entering a "Not Guilty" plea.

Continue reading "Arrested for Drunk Driving in New Jersey? A DWI Conviction is a Multi-step Process" »

There is a new breathalyzer standard here in New Jersey, which is likely to have far-reaching effects throughout the state. For DWI cases going forward, a New Jersey Appeals Court has set a new Alcotest standard on December 1, confirmed a decision that states the patrolman who administers a breath test to a drunk driving suspect does NOT need to be the same police officer who witnessed the original DWI violation. As a New Jersey drunk driving defense lawyer, this latest decision only makes it more imperative that anyone accused of driving under the influence of alcohol retain a qualified DWI attorney.

According to news reports, this recent case comes out of Morris County and is good news for the police, as it provides them with more flexibility in their testing practices. Because a 20-minute observation period must be provided before a breath test, in the past this meant that the same police officer had to be off the street for the duration of the testing -- Alcotest machines are not portable, so DWI suspects must be brought back to the police station for breath testing.

A lower court had provided for the dismissal of a case against Joel Ugrovics in July of 2008. At that time, Ugrovics was stopped for speeding and eventually arrested for DWI. The person who operated the Alcotest machine was not his arresting officer. He provided a sample that showed his BAC to be 0.13 percent. However, Ugrovics pointed to a Supreme Court ruling regarding Alcotest procedures to show they were not followed in his case.

Since the original officer was not there to monitor and ensure the 20 minute period was followed, Ugrovics' defense team said the waiting period could have been compromised. A three-judge group disagreed unanimously and reinstated Ugrovics' initial guilty plea.

The argument from the prosecutor's office was that the Supreme Court's main concern with the waiting period was not who was monitoring the suspect but rather was meant to ensure that the suspect had not done anything to alter the results. It also would not necessarily always be realistic for the Alcotest operator to also monitor a suspect, prosecutors argued.

N.J. appeals court rules with police departments in Alcotest drunken driving case, NJ.com, December, 3, 2009

For those individuals who feel that a drunk driving conviction is a minor event, I have news for you. Whatever you call it -- drunken driving, driving under the influence, DWI or driving while intoxicated -- here in New Jersey there is a wide range of potential outcomes for someone convicted of drunk driving. Almost too many to list right here.

As a New Jersey drunk driving defense attorney, I and my group of legal professionals have represented literally hundreds of clients arrested for DWI over the years. You should know that even under the best circumstances, the personal price of a DWI conviction can be quite devastating. Living with the stigma of a drunk driving conviction on your record can affect a person's standing in his or her neighborhood, company or professional organization. And there always exists the possibility of job loss, as well as the potential damage that such a conviction can have on familial relationships and those with friends.

Financially, drunk driving is potentially costly, as well. Penalties and fines for second and subsequent drunk driving convictions are certainly large, but even first-time offenders can feel the monetary pain of a conviction. Here are just a few of the typical monetary costs that you could expect to pay for a range of DWI offenses, according to the State of New Jersey (Please remember that jail time/community service could also be included, but is not included here).

First DWI Offense
Expect to pay a $250-$400 fine if your blood-alcohol content (BAC) is 0.08 percent or higher, yet less than 0.10 percent (this increases to $300-$500 fine for a BAC of 0.10 percent or higher); You'll also end up paying an automobile insurance surcharge of $1,000 per year, which will continue for three years.

Second DWI Offense
The court will typically levy a $500-$1,000 fine. Plus, expect to fork over that $1,000 annual automobile insurance surcharge for three years.

3rd DWI Offense
Third-time conviction will usually net you a $1,000 fine. And the automobile insurance surcharge rises to $1,500 per year for three years.

Having an Open Alcoholic Container in the Passenger Compartment
$200 fine (first offense); $250 fine (second offense).

Refusal to Submit to a Breath Test
$300-$500 (first offense); $500-$1,000 (second offense); $1,000 fine (third offense);
Automobile insurance surcharge of $1,000 per year for three years (first and second offenses); $1,500 insurance surcharge (third offense).

Driving on a Suspended License Due to DWI
$500 fine

All DWI Offenses
There are surcharges in addition to the normal fines. These surcharges range from $50 to $100 dollars depending on where the funds go, such as the drunk driving enforcement fund, Motor Vehicle Commission restoration, Intoxicated Driving Program, Violent Crimes Compensation Fund, Safe and Secure Community Program, plus state and municipal fees.

Having defended many minors charged with underage drinking and DWI, I have more than enough experience to state a number of significant facts. As a New Jersey drunk driving defense lawyer, I know that a conviction for underage drinking and driving can make a serious impact on a young person who is just setting out on his or her journey toward adulthood.

The facts are simple: If any person under 21 years is found to have purchased or consumed an alcoholic beverage in an establishment licensed to sell alcohol, that young person could be fined up to $500. Furthermore, the court can order that the defendant lose his or her driver's license for up to six months.

If you think this doesn't affect someone who hasn't even been issued a license, you would be mistaken. Parents themselves should be aware that even if your child does not yet hold a license, if convicted the potential suspension will start as soon as your youngster is initially eligible to receive that license. Just like adults, any young person who violates the state's underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

New Jersey's laws regarding underage drinking and driving are very specific. Since a person must be 21 years or older to buy, possess or drink any alcoholic beverage, underage drinking is by definition illegal. Drinking and driving goes without saying. The consequences for underage drinking are very harsh here in New Jersey, especially when it comes to operating a vehicle while under the influence of alcohol.

But whether or not you are stopped for DWI, an underage drinking offense could affect your driving privileges now or in the future. Anyone under 21 caught with even the slightest amount of alcohol in their system -- which means a blood-alcohol content of 0.01 or more -- will be subject to a number of penalties under New Jersey law. These include the following:

• Loss or postponement of driving privileges for 30 to 90 days
• 15 to 30 days of community service
• Successful completion of the program requirements of an Intoxicated Driver Resource Center or an alcohol education and highway safety program

It is very important that if your child or young relative is charged with underage drinking and driving, we highly recommend that you seek the services of an attorney experienced in defending persons charged with underage DWI offenses. Having served as a municipal prosecutor in my early career, I know first-hand how the prosecution approaches such cases. You should always have a qualified legal professional at your side in these circumstances.

As a New Jersey drunk driving defense lawyer, I and my firm have the necessary experience to make the difference in most any DWI, breath test refusal, or drug DUI case. While it might seem that a first-time conviction for driving under the influence of alcohol may not be that serious, think again. Not only are the penalties for a first-time offense stiff, it only make a possible second or third arrest and conviction for driving while intoxicated that much more serious.

Anyone looking at multiple convictions for drunk driving needs the services of a qualified and experienced DWI attorney. Whether an individual has been charged with DWI or drug DUI, the consequences of multiple convictions can be very detrimental to one's future. Jobs have been lost and families torn apart by the seemingly simple act of driving while impaired. Don't make a bad situation worse by not taking the proper steps to defend yourself in a court of law.

It's not uncommon for many people charged with a first-time DWI to go in front of the court by themselves. And although they may have fared better had they sought legal counsel in the wake of that first DWI arrest, there is a potential upside should they be arrested for a future drunk driving violation.

It may seem odd, but if you did not have legal representation in your first DWI case, it's possible that a court may allow your second offense to be treated as your first. At my firm we typically ask the court to handle a subsequent offense as a first offense when sentencing -- this is usually done when a defendant did not have an attorney at the time of their first conviction.

Of course, timing is everything. If your first charge of driving while intoxicated had not been resolved when you were picked up again, some judges have been known to allow your multiple sentences, including periods of license suspension, to run concurrently.

Another consideration is the place where the individual arrests were made. If your first DWI conviction occurred out-of-state, this does not automatically raise your current New Jersey offense to that of a multiple DWI or drug DUI offense. An experienced attorney can argue that possible discrepancies in the drunk driving laws of the two states means you should be sentenced under New Jersey DWI/DUI penalties for first offenders.

Consider these as strong examples of why hiring a qualified New Jersey DWI lawyer is in your best interests. It can make the difference between a bright future and one that is fraught with complications and lost opportunities.

In the state of New Jersey, the determination of whether a motorist is driving while impaired driving, at least as it pertains to alcohol use, involves a measurement of the suspect's blood alcohol content (BAC). As a New Jersey drunk driving defense attorney, and former municipal prosecutor, I have handled all manner of drunken driving cases throughout my career. The establishment of a defendant's BAC plays is a major role in any drunken driving case.

Strictly speaking, the law states that if an individual who is the operator of a car, truck, SUV or other motor vehicle is found to have a BAC of 0.08 percent or more, that person is guilty of drunk driving, also known as driving under the influence of alcohol, or more commonly, driving while intoxicated (DWI).

The term BAC refers to the amount of alcohol in a driver's bloodstream. An important point to remember is that although the law makes reference to 0.08 percent BAC as the legal limit, one can still be convicted of drunk driving even if his or her BAC is below 0.08 percent.

It has been proven that consumption of even small amounts of alcohol will dull an individual's senses, decreasing reaction time and hampering judgment. Vision and mental alertness are also affected to some degree as well. If you consume any amount of alcohol and your driving is affected, you can be convicted of driving while intoxicated in a court of law.

Not surprisingly, it is also a violation of the law if a person operates a motor vehicle under the influence of a narcotic, hallucinogenic or habit producing drug. Motorists can also be convicted for allowing another person to operate a motor vehicle when that person does so in violation of the driving while intoxicated (DWI) law.

Most every New Jersey police department or law enforcement agency relies on breathalyzers to provide the evidence of a suspected drunk driver's blood alcohol concentration. However, there are occasions when police will look to obtain this critical DWI evidence through a sampling of the defendant's own blood. The extraction of a blood sample from the body of a suspected drunk driver will usually occur under the following instances:

• Defendant has been injured (police blood samples and/or hospital blood samples)
• Suspect refuses to provide a breath sample
• Defendant's BAC is dangerously high
• Defendant's BAC is unexpectedly low (due to suspected narcotic involvement)

Based on a recent poll found on AAA Mid-Atlantic's website, 61 percent of respondents said individuals with first-time drunk driving convictions should be required to have a breathalyzer-ignition interlock device installed on their vehicle. A larger 85 percent felt that an ignition interlock should be mandatory only for subsequent offenses. As a New Jersey DWI defense attorney, I have represented clients charged with driving under the influence of alcohol, many of whom were unjustly accused due to inaccuracies inherent with breath testing machines.

The point here is that vehicle-installed breath testing devices are not necessarily more accurate, or even as accurate as the units used by law enforcement. Yet judges are requiring many people convicted of drunk driving to have these interlock devices installed. The problem I see going forward is how accurate can the in-car units be when the validity of the more expensive and complicated Alcotest and other breath-testing machines have recently been called into question?

From the results of the AAA poll, it would appear that popular opinion is tilted against those accused of driving while intoxicated, and there is no doubt that New Jersey drivers charged with a DWI offense face rather stiff penalties. But to be judged fit to drive by a possibly less accurate machine may be a burden itself.

Earlier this year, in an effort to establish the effectiveness of breathalyzer devices, New Jersey's Supreme Court ordered the breath testing machine manufacturer, Draeger, to give up the code that its products -- such as the Alcotest device -- use to determine blood alcohol content (BAC).

After two reviews, it was found that the Alcotest software was actually below quality standards and potentially unreliable. Since the Alcotest device does not directly measure a person's blood (which, by the way, is the most accurate method to determine BAC) the machines must rely on their internal software to accurately analyze the alcohol particles present in a suspect's breath. It was suggested that poor coding and faulty software could lead to a higher BAC reading.

Knowing this much, is it possible that the breathalyzer-ignition interlock devices have better or worse quality and accuracy? Without direct scientific evidence, it would be hard to tell, but relying on them to monitor the sobriety of convicted DWI offenders may not be the best solution. Rather than take your chances on modern technology, it's best to employ the services of an experienced drunk driving defense attorney and possibly avoid the question altogether.

In seeming reaction to the recent sentencing of Shaun P. Campbell, the 40-year-old East Rutherford resident with 16 convictions for driving while intoxicated and nearly 80 related license suspensions to his name, the New Jersey media and public are apparently fed up with any individual having multiple drunk driving convictions on his or her record. As a New Jersey DWI defense lawyer, I know what these folks are going through.

As a drunk driving defense attorney, I also know that some people are less cautious than others and never consider the implications of driving drunk, even if it means just a couple beers. This is why I encourage my friends and family to always have a designated driver for those times when a celebration becomes too exuberant.

According to a recent editorial, the media may be calling for more strict sentencing and harsher laws to keep repeat DWI offenders off public roads. Campbell, who is now going to jail for almost five years as a result of his most recent DWI-related traffic accident, will also have to pay more than $9,000 in fines. Campbell's latest license suspension means he won't be eligible to drive legally until he is 81 year old.

As Mr. Campbell's case demonstrates, the law had been unable to keep him off the road. Now the question people are asking themselves is how can the legal system keep people like Campbell from driving illegally again?

One solution is lengthy jail terms for repeat offenders. Legislators may feel that harsh sentencing is the only way to prevent repeat drunk driving offenders and those who demonstrate little respect for the law from operating a vehicle.

Currently, drivers convicted of DWI can be sentenced up to 30 days for a first-time offense. A second offense carries a prison term from 48 hours to as much as 90 days, while a third DWI brings a 180-day sentence (which can be reduced with community service). New Jersey also requires multiple DWI offenders to have a breathalyzer-ignition interlock device installed on their vehicles under certain circumstances. These interlock devices prevent the vehicle from being started until the driver blows into a breath test device which must register a blood alcohol content (BAC) reading below the legal limit of 0.08 percent.

The shear strength of the public's outcry for stronger drunk driving laws has resulted in a bill currently working its way through the New Jersey state legislature that would amend the current law to require first-time offenders to install one of these devices after being convicted of having a blood alcohol content of 0.15 percent or above. Ocean County Assemblymen James W. Holzapfel, Brian E. Rumpf and David W. Wolfe are among the co-sponsors.

Stiffen penalties for DWI offenses, APP.com, September 22, 2009