A DWI charge in New Jersey significantly impacts a defendant’s personal life. Benefit from considering all possible defense strategies. Defend your legal rights.
New Jersey DWI Laws
The New Jersey state statute N.J.S. 39:4-50 defines different sentencing ranges according to blood alcohol content levels, past convictions, and occurrence of accident or injury.
Statutory penalties increase for subsequent DWI offenses. A first offense DWI results in fines, seldom jail time, and sometimes license suspension, but convictions for multiple offenses lead to severe penalties. Defending such cases demands both legal knowledge and mastery of procedure. An experienced DUI defense attorney in Jersey City will help you by contesting evidence and strategizing the case.
Penalties for First, Second, and Third Offenses
The state of New Jersey applies increasingly harsh punishment to offenders convicted of multiple DWI offenses. The statutory punishment for a first-time DUI offense includes financial penalties in addition to brief imprisonment (seldom imposed) and driving license revocation (in some cases). The penalties for a second offense include increased fines, jail time (usually 2 days in an alcohol program, IDRC) and 1-2 years of license revocation.
A third conviction usually carries severe consequences, including 180 days imprisonment, substantial fines, and license revocation for 8 years. Every DWI charge should be defended by experienced counsel.
Tactics and Strategies in Defense
Challenging the Traffic Stop
Defense strategy sometimes starts with challenging the validity of the traffic stop. The authorities need reasonable grounds to make a traffic stop. The absence of cause during the stop could result in exclusion of crucial evidence, which could cause the State’s proofs to fall short.
Questioning Field Sobriety Tests
Field sobriety tests are subjective and usually evidence errors that can affect their validity. External environmental elements, together with physical disabilities, can lead to unreliable results in those tests.
Challenging Breath/Blood Test Results
Breath and blood tests serve as essential DWI evidence, but both have known technical limitations. Results obtained from breath or blood tests are excluded or mistrusted when e.g., calibration problems or improper administration occur.
An experienced DUI attorney in New Jersey will review testing methods to challenge scientific foundations and derogate the value of prosecution evidence against you.
Facing DWI charges requires immediate legal intervention. Professional guidance and strategic planning afford the best chance for an effective legal defense.
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