New Brunswick DUI Defense Lawyer Protects Drivers’ Rights

New Jersey attorney helps accused motorists fight DWI charges

Throughout New Jersey, law enforcement officials have been engaging in various efforts to crack down on purported drunk driving offenses. Being convicted of operating a motor vehicle while intoxicated can have serious consequences, including possible loss of license and an interlock device installed in your vehicle, higher insurance costs, heavy fines and possibly jail time. At The Law Offices of Eric B. Morrell, I am a New Brunswick DUI defense lawyer who has the knowledge and experience necessary to challenge the evidence against you in pursuit of the best possible outcome. I will zealously represent your interests at every turn rather than looking to shake hands and cut a deal with the prosecutor. You can rely on me for a deep understanding of complex New Jersey DUI laws, and I will use that knowledge to analyze every aspect of your case, including the traffic stop and breathalyzer test, in order to develop a formidable defense.

Types of DUI charges

New Jersey’s DUI laws are among the toughest in the country, encompassing various offenses, which include the following:

• Alcohol-related DUI/DWI — Driver impaired by alcohol consumption, provable by erratic operation of the vehicle and/or a blood alcohol concentration of at least 0.08 percent for adults 21 and over. Stricter limits apply for younger drivers and operators of commercial vehicles.
• Drug-related DUI — DUID applies in instances of impairment by illegal drugs, prescription medications or over-the-counter pharmaceuticals.  
• Underage DUI — A zero tolerance policy towards drivers under age 21 requires BAC of 0.02 percent or higher for conviction.
• Commercial drivers DUI — CDL holders face a lower BAC limit of 0.04 percent due to federal regulations.
• Enhanced DUI charges — More severe charges in cases involving repeat offenders, motorists with high BAC levels (0.15 percent or above) and aggravating factors such as accidents causing injury, or impaired driving with a minor in the car or in a school zone.

Drivers might also face ancillary charges, such as possession of drugs, depending on the particular circumstances. As a longtime criminal defense attorney in Middlesex County and other parts of New Jersey, I know what the prosecution needs to get a conviction, and I battle to demonstrate that they have not met their legal burden. 

DUI penalties in New Jersey

Penalties for drunk driving increase based on aggravating factors, including a defendant’s DWI history as reflected by these sentences:

• First offense — A BAC between 0.08 percent and 0.09 percent draws a $250–$400 fine, a possible three-month license suspension, and up to 30 days in jail. A BAC of 0.10 percent or higher but lower than 0.15 percent increases the fines to $300–$500, and carries a potential license suspension of seven to 12 months.
• Second offense — Conviction carries up to a two-year license suspension, a $500–$1,000 fine and 48 hours to 90 days in jail and an ignition interlock device might be installed for two-to-four years afterward.  
• Third offense — Conviction may result in an eight-year license suspension, a $1,000 fine and 180 days in jail. An ignition interlock device can be installed for two-to-four years afterward.  

License suspensions are also included among DUI conviction penalties. However, New Jersey law has recently changed to allow motorists to retain their driving privileges if they install an ignition interlock device on their vehicle. These devices require a motorist to provide a breath sample and prohibit the vehicle from starting if the BAC is .05 percent or higher.

Under the new system, qualifying drivers can restore their license and receive a one-day credit toward their suspension period for each two days that the ignition interlock device is operative on their vehicle. This only applies to cases where motorists are impaired by alcohol, as opposed to drugs. Specific terms for alcohol-related DWI offenses are as follows:

• First offense — The standard three-month license suspension could be completed by having an ignition interlock device installed for six months.
• Second offense — The one-year license suspension could be completed by having an ignition interlock device installed for two years.
• Third offense — The eight-year license suspension could be completed by having an ignition interlock device installed for 16 years.

Additional penalties include community service and MVC surcharges ($1,000/year for three years). Drug or underage DUIs face similar penalties, while commercial vehicle drivers risk CDL disqualification.

Test refusal under New Jersey law

When drivers suspected of DWI refuse to submit to a police-administered breathalyzer test, they are subject to the following penalties that differ from those associated with DWI convictions:

• First refusal — After a first refusal, a driver is subject to fines of $300 to $500 and can be subject to license suspension until an interlock device is installed in their vehicle, in which it must remain installed for 9-15 months.
• Second refusal — After a second refusal, a driver is subject to fines of $500 to $1,000 and can be subject to license suspension for between one and two years, after which an interlock is required to be installed for two to four years.
• Third refusal — After a third refusal, a driver is subject to fines of $1,000 and can be subject to license suspension for eight years, after which an interlock is required to be installed for 2-4 years.

If you chose not to provide a sample when stopped by police on suspicion of DWI, I can review the circumstances and advise you of your options. 

The legal process of a New Jersey DWI case

The DUI process begins with an arrest, typically after a traffic stop. Police who believe they have a reasonable suspicion of impaired driving can administer field sobriety tests and a breathalyzer to establish probable cause. If arrested, you’re taken to the station for chemical testing of breath or blood. A defendant usually receives a summons to appear in municipal court, where most DUI cases are heard. The process includes an arraignment (entering a plea), pre-trial motions to challenge evidence and potentially a trial or plea agreement. Potential dispositions include dismissal, acquittal, conviction or diversion, which is a conditional discharge for first-time drug offenders. While the justice system can seem intimidating, my firm can guide you through each stage, protecting your rights and interests.

Field sobriety testing for DUI stops

Field sobriety tests assess impairment through physical and cognitive tasks. New Jersey uses standardized tests including the Horizontal Gaze Nystagmus (tracking eye movement), Walk-and-Turn (walking a straight line) and One-Leg Stand (balancing on one foot). Non-standardized tests, such as reciting the alphabet, may also be used. FSTs are subjective, and factors like medical conditions or poor instructions can lead to inaccurate results, making them a key target for evidence exclusion motions.

Common legal defenses for DUI

A seasoned DUI lawyer might employ defenses such as:

• Challenging the legality of the traffic stop
• Questioning FST reliability due to environmental or health factors
• Disputing breathalyzer accuracy due to human or mechanical error
• Asserting that the handling of test results was improper

Hiring a knowledgeable New Brunswick DUI lawyer is essential to give you the best chance at securing a favorable result.

Publications

• Affirmative Defenses to New Jersey DWIs: Part 1 | Evan Lustig and Jazleen Guzman
• Affirmative Defenses to New Jersey DWIs: Part 2 |  Evan Lustig

Contact a New Brunswick DUI defense lawyer today for a consultation

If you have been arrested on a New Jersey DUI charge, you need a qualified defense attorney who has the knowledge and experience to help you win. Call the Law Offices of Eric B. Morrell today at 908-768-3837 or contact me online to set up a consultation at my New Brunswick office.