Articles Posted in DWI Law and Legislation

DWI cases are complex and can impact virtually every aspect of your life. If you have been arrested for DWI, you need to find competent and reliable legal representation immediately. Our New Jersey drunk driving advocates have extensive experience handling and protecting the rights of clients, and we can help you obtain the best possible outcome under the circumstances of your case.

Advocates for Highway and Auto Safety is an alliance of consumer, medical, public health and safety groups, insurance companies and agents working together to make roads across the country safer. The group is now urging the Governor of New Jersey to sign into law Senate Bill 824 (the “Bill”) – legislation that would require ignition interlock devices (IID) for all convicted drunk drivers. The Bill is designed to crack down on first-time offenders with a BAC of 0.08 percent or higher, requiring these offenders to get an interlock device for a period of at least 30 days. Currently, first-time offenders whose BAC is between 0.08 percent to 0.14 percent simply get their license suspended, which supporters of the new law say is not a harsh enough deterrent. If the Bill is signed into law, New Jersey will become the thirty-fourth state in the nation with an all-offender ignition interlock law.

Under New Jersey law, you will be charged with a DWI if your blood alcohol concentration (BAC) is 0.08 percent or higher. You should note that you can be prosecuted for drunk driving even if your BAC is below 0.08 percent if you were unfit to operate a motor vehicle as a result of alcohol consumption. New Jersey has a “zero-tolerance” policy for underage drivers. As such, for individuals under the age of 21, the legal limit is 0.01 percent. For those with commercial driver’s licenses, the legal limit is 0.04 percent.
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Driving while intoxicated (DWI) tends to spike around certain holidays and the Fourth of July is one of them. To deter drunk driving, police departments often set up checkpoints to catch intoxicated drivers. If you have been arrested for a DWI at a checkpoint, it is crucial to contact a New Jersey DWI attorney who can defend you. At our firm, we understand how overzealous police officers can be in charging people with a DWI, especially on a holiday like Independence Day when they actively look for drunk drivers. We will investigate the legality of the checkpoint and examine your case for any procedural errors made by police that could be used in your defense.

As the Fourth of July holiday approaches, police departments across New Jersey have planned sobriety checkpoints in hopes to discourage the public from getting behind the wheel while intoxicated. Unfortunately, deadly accidents tend to spike on Independence Day. In fact, the Insurance Institute for Highway Safety has found that the Fourth of July is the most dangerous day to be on the road and alcohol plays a large part in that. Not only can alcohol lead to deadly wrecks between cars, alcohol can also be a factor in pedestrian deaths. Even when it is not a major holiday, drunk driving is a major problem in the United States. Data from the National Highway Safety Administration reveals that 10, 874 people were killed in alcohol-related accidents across the country in 2017. Of the 624 traffic deaths that took place in New Jersey, about 125 of them were a result of the involvement of alcohol.

While DWI checkpoints are prohibited in some states, New Jersey is not one of them. However, in order for a checkpoint to be legal, certain criteria must be met. In other words, the police are not permitted to make a roadblock wherever they want and whenever they feel like it. Rather, the check point must be temporary and set up at a specified location, date and time; a supervisory authority must have established the checkpoint; the public must be given prior notice about the checkpoint; the checkpoint must have been created in the interest of public safety or law enforcement goals; and the procedures used at the checkpoint must be specific and neutral.

Drunk driving charges can impact virtually every aspect of your existence. If you’ve been arrested for driving while intoxicated (DWI), you need to call a New Jersey DWI attorney immediately. While an arrest for DWI can seriously interfere with your life, a DWI conviction can be even worse. You may lose your driver’s license, be required to pay substantial fines and you can even face jail time. Because the stakes are so high, DWI charges should never be taken lightly. With extensive understanding of the state’s drunk driving laws, you can take comfort in knowing that we will provide an aggressive defense in your case.

A 34-year-old New Jersey teacher was charged with a DWI after crashing her car into a pizza shop in Camden County last month. Footage of the incident shows the woman barreling her car into the front of the store. The accident destroyed much of the store and left three employees inside the restaurant with minor injuries, according to the prosecutor’s office. The driver was taken to the hospital by authorities where she consented to a blood draw. Her blood alcohol concentration (BAC) was determined to be .195, more than twice the legal limit. The pizza restaurant is now closed until further notice.

As in other states, a person in the state of New Jersey can be charged with a DWI if he or she exceeds the legal intoxication limit. Under state law, a driver who is found to be operating a motor vehicle with a BAC 0.08 percent of higher can be held liable for a DWI. You should be aware, however, that a DWI charge is not limited to alcohol consumption. Any substance that reduces a driver’s reaction time or hinders a person’s ability to drive safely can lead to a DWI as well. This includes mind-altering substances such as marijuana, and other illegal drugs, as well as over the counter or even prescription drugs.

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Immigration is and has been a hot button issue for some time. When an undocumented immigrant or a foreigner gets arrested for driving while intoxicated (DWI), the consequences can be dire. In fact, a DWI stop, arrest or conviction for an undocumented immigrant could result in deportation. If you have been arrested for a DWI, whether you are an undocumented immigrant or are in the US on a visa, you need to consult a seasoned New Jersey DWI attorney without delay.

The federal office of Immigration and Customs Enforcement (ICE) conducted targeted raids in tens of New Jersey municipalities last month, targeting undocumented immigrants who had recently been arrested for drunk driving. In total, 123 people suspected of being in the country illegally were picked up and detained. The vast majority of those individuals had either been arrested for or convicted of DWI. These raids took place in towns all across New Jersey.

The Trump Administration has drastically increased the type of crimes that are punishable by deportation. In fact, even a single, one-time DWI charge can make someone eligible to be picked up by ICE and have deportation proceedings begin against them. If the DWI involves an accident or a death, the likelihood of ICE intervention increases significantly. Under the previous administration, a DWI charge or conviction, in many cases, was not considered serious enough for removal.

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A DWI charge can have devastating consequences for a person’s life. If you were arrested for a DWI in New Jersey or convicted in another state, the legal process can be very confusing. This is why it is important to reach out to a seasoned New Jersey DWI attorney to understand your legal rights and options. Our firm has handled virtually all types of DWI cases and can provide an aggressive defense on your behalf.

New Jersey DWIs

In New Jersey, the basic offense of a DWI consists of operating a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. A first-DWI offense in New Jersey includes a three-month suspension. If a first-time DWI defendant has a BAC of at least 0.10 percent, then the law mandates a seven-month suspension. If a person is convicted of a DWI for a second time, the offense carries a two-year license suspension irrespective of the BAC. If a person is convicted of a DWI for a third or subsequent time, the period of license suspension is ten years.

Consequences of an Out-of-state DWI

As mentioned above, one consequence of a DWI conviction in the state of New Jersey is mandatory driver’s license suspension. Even in cases when you have been convicted of a DUI/DWI in another state, you may lose your driving privileges in New Jersey. New Jersey is part of the Driver License Compact – an interstate compact that permits states to exchange information about license suspensions and traffic violations of any non-residents. In order for an out-of-state conviction to count as a prior conviction in New Jersey, the other state’s statute must be substantially similar to the New Jersey DWI statute. There is an exception though, if a defendant who has a conviction in another state can show by “clear and convincing evidence” that the DWI offense in the other state resulted from a law in which the BAC was less than 0.08 percent.

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A drunk driving charge can cost you big time – both in terms of time and money. If you have been arrested or charged with a driving while intoxicated (DWI), it is imperative to speak to a knowledgeable New Jersey DWI attorney who can help defend your rights. The stakes are very high in these cases and a DWI conviction could adversely impact virtually every aspect of your life. With extensive experience, we are prepared to vigorously defend you against a DWI charge.

A Brick Township police officer was hurt after an alleged drunk driver hit his patrol car last month. The officer was engaged in a motor vehicle stop and was inside of his car when he was hit. The impact led to the windshield of the officer’s car shattering and caused extensive damage to the driver’s side of the vehicle. The driver who caused the accident was arrested and charged with driving while intoxicated as well as assault by auto, along with other traffic violations, according to police. The injured police offer was taken to the hospital for treatment and was released shortly thereafter. This was the second Brick Township officer struck during a traffic stop in a four-month time span.

New Jersey DWI Laws

A DWI conviction carries different penalties depending on a number of factors, including the BAC level, whether it was your first or subsequent DWI and whether anyone was hurt or not. It is important to note, however, that even a first-time conviction can result in a jail sentence, hefty fines and the loss of your driver’s license.

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If you have been arrested for driving while intoxicated (DWI), call our New Jersey DWI attorneys to discuss your case and begin planning your next steps. These are extremely serious charges that should never be taken lightly since they can negatively impact many aspects of your future. For years, we have zealously advocated for New Jersey clients and you can rest assured that if we take on your case, we will proudly do the same for you.

Potential New Law

New Jersey lawmakers are considering revamping New Jersey DWI laws to reduce the amount of time for which a person caught driving under the influence in the state would lose their driver’s license. But there is a catch. In exchange, the driver would be mandated to install an ignition interlock device into his or her vehicle. An ignition interlock device is a breathalyzer for a person’s vehicle, which requires that the driver blow into a mouthpiece on the device before starting the vehicle. Currently, state law requires repeat drunk drivers and first-time drunk drivers with a blood alcohol concentration (BAC) of .15 or higher to install ignition interlock devices; however, the installation of these devices is not legally required for other first time offenders.

If you have been charged with a DWI in New Jersey, it is imperative to consult a reputable New Jersey DWI attorney who practices this area of law. At our firm, we will examine the circumstances surrounding your arrest and figure out the DWI defense tactics that may work in your situation.

Electric motor scooters are fun to ride but they can be dangerous if they are operated in an irresponsible manner. A 28-year-old man in Los Angeles was recently convicted for driving under the influence while operating a Bird electric scooter. It is the very first motorized scooter drunk driving instance that the city has prosecuted. The man was determined to have a blood alcohol content (BAC) of .279, in excess of three times the limit allowed by law at the time of the accident in which he hit a 64-year-old pedestrian on the sidewalk. Once the accident took place, the man on the scooter did not stop and help the injured man who fell on the sidewalk and sustained a minor injury.

Drunk Driving in New Jersey

In New Jersey, it is illegal to operate a motor vehicle under the influence of alcohol or drugs. A person can be charged with a DWI if they drive a motor vehicle with a blood alcohol content of 0.08 percent or higher. Furthermore, any drug that interferes with a person’s ability to drive in a safe manner can also give rise to a DWI charge.

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If you were charged with drinking and driving, you may assume that you are automatically guilty; however, this simply not the case. You have rights and our reputable New Jersey DWI lawyers can help protect those rights. You can take comfort in the fact that are dedicated to providing aggressive and experienced representation through every stage of the legal process.

T.S., 26, was killed in an auto accident in 2014 in Belmar. She was a passenger in her Honda Civic, which was driven by her boyfriend, E.M., in the early hours of Easter morning. E.M. ran a red light and hit another car causing the Civil to flip over and land in the parking lot at Belmar Marina. T.S., who was not wearing a seatbelt, was ejected from the vehicle and landed in the Shark River. An autopsy later revealed that her cause of death was drowning and blunt force trauma to her head. E.M.’s BAC was .207 at the time of the wreck according to law enforcement and he was later sentenced to prison for 10 years.

T.S.’s family sued the restaurant alleging that the establishment continued to serve E.M. despite the fact that he was visibility inebriated, offering evidence eyewitnesses accounts of E.M.’s conduct, security video from the bar, and his BAC level. The bar owners have now settled the lawsuit with the family for $1.5 million.

A DWI arrest can be scary and extremely high-stakes, as a conviction can adversely impact almost every aspect of your life. If you have been charged with a DWI, you should know that you have rights. Our trusted New Jersey DWI attorneys work hard to deliver the highest quality counsel representation in DWI cases. You can rest assured that we understand what is at stake, which is why we will build the strongest possible defense in your case. 

Proposed Law

A proposed state law would expand the DWI ignition interlock program in New Jersey. Currently, you only have to have an ignition interlock device is you have a BAC of .15 or higher or if you are a repeat offender. Under the new law, anyone convicted of a DWI would be required to have the device installed in his or her vehicle for three to 18 months, depending on how drunk the driver was. The device works like a Breathalyzer, if your BAC is too high, your car will not start.