Articles Posted in DWI Law and Legislation

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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.

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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.

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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.

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Not all DWIs are created equal. While all potential DWI charges can adversely affect one’s life, the consequences can be even more severe if the percentage of alcohol in your blood exceeds 0.10 percent. If you or someone close to you has been charged with a DWI in New Jersey, you need to reach out to a skilled New Jersey DWI attorney. With years of experience, we can provide you with the legal assistance you need throughout the entire process.

Last month, a New Jersey woman was arrested and charged with an aggravated DWI after a two-car crash in Lake George. According to the Warren County Sherriff’s Office, a deputy responded to an accident involving two vehicles. Upon arrival, the deputy noticed that one of the drivers exhibited signs of inebriation. S.G., age 56, then failed field sobriety tests. She was then given a breath test which showed that her BAC was .24 percent, which is more than double the legal limit.

Under New Jersey law, if a person is found to be driving with a blood alcohol concentration (BAC of 0.08 percent or above, they are considered to be driving while intoxicated (DWI). The zero tolerance BAC limit for drivers younger than 21 is 0.01 percent. In most cases, there is an additional category of DWI that carries more severe penalties. If a driver is found to have a BAC of 0.10 percent of higher, it is considered an aggravated DWI, though it is not officially referred to as that.

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When a driver is stopped due to driving while intoxicated (DWI), a frequent problem that arises after an investigation has been done involves the driver resisting arrest. If you or a loved one has been charged with resisting arrest in New Jersey, it is vital that you speak with an experienced New Jersey criminal defense attorney. With extensive experience, we are committed to providing aggressive and effective DWI defense services every step of the way.

Last month, 48-year-old actor Vince Vaughn was arrested in California for a DUI and resisting arrest. Vaughn was stopped at a checkpoint in Hermosa Beach around 1 a.m. local time before being taken into custody. His passenger was also arrested for public intoxication. The news comes after the Manhattan Police Department announced that there would be DUI checkpoint over the weekend with a “zero tolerance” policy where any driver over the legal alcohol limit would be arrested.

In New Jersey, resisting arrest during a DWI stop can land you in serious trouble. The basic offense of a DWI in the state consists of driving a motor vehicle with a blood alcohol concentration of 0.08 percent or higher. If you are under 21 years of age, you can be charged with a DWI for a BAC of 0.01 percent or higher.

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Most people know that if they operate a motor vehicle under the influence of drugs or alcohol, they can be charged with a DWI. However, few people know that you can be charged with a DWI even if you are not driving the vehicle. If you are a passenger who has been arrested or charged with a DWI, you need to contact a skilled New Jersey drunk driving defense attorney as soon as possible. The aftermath of such a charge can be costly both in terms of time and money, but we are committed to helping you fight the charges.

Under New Jersey law, any individual who operates a motor vehicle under the influence of an intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug may be found guilty of driving while intoxicated (DWI). When it comes to DWI charges based on inebriation by alcohol, the person’s blood alcohol concentration must be 0.08 percent or higher.

New Jersey’s DWI statute is quite broad. In fact, under New Jersey Statute 34:4-50(a), a police officer can charge a person sitting in a passenger seat for a DWI if the passenger “permitted” the driver to operate the motor vehicle while under the influence. It is important to note that in order for the passenger to be charged, the passenger must have been under the influence as well or found to have knowledge of the offense.

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