New Jersey DWI Lawyer Blog
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.
Under the New Jersey DWI statute N.J.S.A 39:4-50, a person commits the offense of driving while intoxicated when he or she operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. Impairment by drugs can also form the basis of a DWI.
In order to convict you of a DWI, the state bears the burden of proving that every element of a DWI, which includes proving that you were “operating a motor vehicle” and that you were “intoxicated.” Operation of a motor vehicle is customarily established through observation but can be based on circumstantial evidence as well. Intoxication is typically established through breath or blood test samples.
Defending a DWI
Mistakes happen all the time. If police made a mistake or failed to follow proper protocol when pulling you over or determining your BAC, the prosecution’s case may significantly weaken or be dismissed altogether. In New Jersey, there are a number of defenses that may be applicable to a DWI charge including, but not limited to: lack of probable cause for the traffic stop; lack of probable cause to believe the driver was intoxicated; improper calibration of the Alcotest; and/or improper administration of the Alcotest. We will examine every viable defense to help you obtain the best possible outcome in your case.
Contact an Experienced New Jersey DWI Attorney
If you are facing a DWI charge, it is not the time to “self represent” because the penalties that come with a conviction can be very severe. You need a skilled and experienced New Jersey attorney on your side who understands the nuances of this area of law and can build the strongest possible defense in your case. We will fight aggressively to have your charges dropped or to have the penalties reduced in your case. For a free confidential consultation, call us today at 877-450.8301 or contact us online.
More Blog Posts:
Assault by Auto and Vehicular Homicide Charges in New Jersey
New Jersey Has One of the Country’s Lowest Drunk Driving Death Rates