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New Jersey has one of the country’s most stringent laws on traffic offenses. Charges such as driving under the influence (DUI) or driving while intoxicated (DWI) carry harsh penalties even for a first-offense conviction. New Jersey also bans plea bargaining for lower charges on DWI offenses.
Facing DUI charges in New Jersey can be a challenging experience but you don’t have to do it alone. At The Kugel Law Firm, experienced New Jersey DUI lawyer Rachel Kugel and her team provide aggressive legal representation for individuals charged with drunk driving offenses in New Jersey. Our skilled NJ criminal defense attorneys are dedicated to protecting our clients’ rights and have the legal experience needed to provide you with the best possible outcome.
Call The Kugel Law Firm today at (973) 854-0098 to schedule a free strategy session.
In other states, criminal offenses are often divided into misdemeanors and felonies. This is not the case in New Jersey where misdemeanors are categorized as disorderly persons offenses and felonies as indictable offenses. New Jersey does not consider drunk driving or DWI as a criminal offense. That doesn’t mean there aren’t harsh penalties for it including the potential for a loss of license and jail time.
In New Jersey, a DWI or a DUI is regarded as a traffic offense. A person charged with a DUI or a DWI in New Jersey is not entitled to have a jury trial. Instead, the case will be heard by a judge in municipal court who is responsible for deciding the outcome and determining the penalties based on the particular circumstances and elements of the case.
Aggravating factors in a DUI case can include the amount of alcohol in the person’s system, whether there is a minor in the vehicle, or the number of prior intoxicated driving offenses they have committed if any.
New Jersey laws do not have a specified distinction between DUI and DWI cases. DUI and DWI are often used interchangeably to refer to alcohol-related traffic offenses. New Jersey’s statutes on drunk driving violations are under N.J.S.A. 39:4-50.
Under New Jersey law, a person commits a DWI if they:
When there is evidence that a person is operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher they are presumed intoxicated under the law regardless of whether the person appears to be impaired. This is known as “per se” DUI. A per se DUI can land a person a conviction simply based on their BAC level.
NJ laws restrict any kind of downgrading or commuting of charges through plea bargains. Prosecutors are not allowed to downgrade any charges and you will need a DUI lawyer who has the experience to get your charges dismissed or use relevant legal avenues to give you the best possible outcome on your case. The plea bargaining rules in NJ require a thorough understanding of how to navigate the charges in your specific case in order to achieve a dismissal, reduction in consequences, or reduction of the charge.
If you have been charged with DUI in New Jersey, it’s important to understand the severity of the situation and the potential consequences of getting a conviction. Being convicted of a DUI can result in expensive fines, a jail sentence, and a mark on your driving record. To protect your rights, getting the help of a skilled DUI attorney is crucial.
Our team of dedicated DUI attorneys at The Kugel Law Firm have a deep understanding of the New Jersey legal system and the relevant DUI laws. We have a proven track record of success in DWI cases and are committed to protecting your best interests. We’re here to help.
Contact us today at (973) 854-0098 to schedule a complimentary strategy session on your case.
Blood alcohol concentration (BAC) measures the amount of alcohol present in a person’s bloodstream at a given time. The amount is an estimate of the grams of alcohol per 100 mL of blood and is commonly used as a measure of alcohol impairment in DUI/DWI cases. Having a BAC level of 0.08% means that a person has 0.08 grams of alcohol per 100 ML in their blood. A BAC of 0.08% or higher is considered legally impaired in most states, including New Jersey.
A person suspected of impaired driving can be stopped by a traffic officer or other law enforcement. While there are specific behaviors police officers look out for when making traffic stops, you do not have to be violating traffic laws to be pulled over for a DWI. Police will be looking out for significant markers or indicators that they believe determine whether you have been drinking and can conduct a field sobriety test before either letting you go if they believe you pass or taking you to the police station if they believe you fail.
| Offense Level | BAC Range | Penalties |
|---|---|---|
| First Offense | 0.08 to 0.09 | Fine: $250 – $400, Imprisonment: Up to 30 days, License Suspension/Interlock: 90 days, Additional: Two 6-hour classes, $1,000 yearly surcharge for 3 years |
| 0.10 or higher | Fine: $300 – $500, Imprisonment: Up to 30 days, License Suspension/Interlock: 7 months, Additional: Two 6-hour classes, $1,000 yearly surcharge for 3 years | |
| 0.15 or greater | Fine: $300 – $500, Imprisonment: Up to 30 days, License Suspension/Interlock: 4-6 months, 9-13 months interlock, 13-21 months suspension if no vehicle, Additional: Two 6-hour classes, $1,000 yearly surcharge for 3 years | |
| Second Offense | 0.08 or higher | Fine: $500 – $1,000, Imprisonment: Two to 90 days, License Suspension: Up to 2 years, Additional: 48-hour detainment, $1,000 yearly surcharge for 3 years, 2-4 years ignition interlock after license restoration |
| Third Offense | 0.08 or higher | Fine: $1,000, Imprisonment: Mandatory 180 days, License Suspension: 8 years, Additional: Alcoholism treatment program, court-determined fee, $1,000 yearly surcharge for 3 years, 2-4 years ignition interlock after license restoration |
A field sobriety test is conducted during a traffic stop in order for police to determine if they have probable cause to believe a person is driving while impaired. These tests may also be used as evidence of impairment at trial. A field sobriety test can include the following:
While these tests can measure whether you are lucid enough to follow directions, they are not all accurate measures of a person’s level of intoxication. Only the first three are validated by the National Highway Traffic Safety Administration (NHTSA) as a fairly reliable measure of intoxication. However, the test must be administered as precisely as possible.
An officer can use a field sobriety test to establish probable cause and take you in for a chemical test that would be more accurate in determining your BAC. An officer can also use a breathalyzer test to see if you have a BAC of 0.08% or higher. Tests using blood or urine can also be used to determine a person’s BAC.
It is important to note that while BAC can and does indicate how much alcohol a person has in their bloodstream, there are other factors that can affect the BAC in a person’s blood, such as:
As with a per se DUI case, a prosecutor may rely heavily on the person’s BAC test as evidence of being under the influence of alcohol at the time of the traffic stop and arrest. However, if administered improperly, a blood or breathalyzer test can be excluded as evidence. If this is the case, your field sobriety test can be used as fallback evidence to establish impairment.
It is important to remember that submitting to a field sobriety test is not required by law and you cannot be ticketed if you refuse those roadside balance and dexterity tests. An officer is also not obligated to inform you that you can deny the test. However, while a person can decline to submit to a breathalyzer (breath test) or field sobriety test during a stop, they can face penalties such as more expensive fines and longer jail time if they are convicted. It is vital to get the help of a skilled attorney who is familiar with the complexities of measuring BAC levels and who can build a strong legal defense.
At The Kugel Law Firm, we work hard to investigate each case thoroughly. We understand the importance of each piece of evidence to establish a viable legal strategy and protect your rights. Our NJ DUI lawyers can help you understand the charges leveled against you and work hard to achieve the best possible outcome.
Contact our office today at (973) 854-0098 or fill out our online form to learn more about how we can help.
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Driving under the influence of drugs or DUID is closely related and prosecuted similarly to a DUI or DWI would be in New Jersey. A person may be charged with a DUID if they operate a motor vehicle while under the influence of drugs or a combination of drugs and alcohol. The definition of drugs under the law includes both legal and illegal drugs, such as marijuana, cocaine, prescription and even over-the-counter medicine. If a drug impairs a person’s ability to drive safely, they can be found guilty of DUID.
In a DUID, being “under the influence” is defined as not having the same care and caution a sober person would have while operating a motor vehicle. Determining whether the drugs or the combination of drugs and alcohol negatively affected the driver’s ability must be established.
While a 0.08% BAC on a breathalyzer test can get you booked for a DUI, some law enforcement agencies will conduct an additional investigation if you test for 0.05% or less. However, it is important to know your rights, especially when you have an underlying condition that could be mistaken as being under the influence of drugs. Remember that a police officer can make a traffic stop if they think that your ability to drive is impaired and many conditions can be mistaken for drug impairment such as having an illness, fatigue, or sustaining an injury.
Being charged with a DUID can be a scary experience for a lot of people. A conviction can have long-lasting implications on a person’s professional and personal life and can also affect their relationships. If you or a loved one is facing DUID charges in New Jersey, it is important to get the help of an experienced attorney who is knowledgeable on the law regarding impaired driving offenses.
At The Kugel Law Firm, we make it a priority to provide compassionate and knowledgeable legal representation to our clients. Our team of top-rated DUI lawyers leaves no stone unturned when it comes to investigating the circumstances of each case. We are dedicated to providing quality legal services and are here to help.
Contact us today at (973) 854-0098 or fill out our online form to schedule a free consultation.
If a person is convicted of a first-offense DUI with a BAC of 0.08% to 0.09%, they may be subject to the following penalties:
If a person is convicted of a first-offense DUI with a BAC of 0.10% or higher, they may be subject to the following penalties:
If a person in convicted of a first-offense DUI with a BAC of 0.15% or great, the may be subject to the following penalties:
If a person is convicted of a second-offense DUI, they may be subject to the following penalties:
If a person is convicted of a second-offense DUI, they may be subject to the following penalties:
DUI/DWI convictions also require payment of the following fees:
A person who is convicted of a DUI with a minor aged 17 years or younger in the car will also be subjected to a disorderly person’s offense in addition to the penalties under a DUI/DWI. They may also be subject to the following penalties:
If a minor is inside the vehicle during a traffic stop for a DWI and you are found to have a BAC of 0.08, you may face additional charges of child endangerment.
Under New Jersey law, drivers give their implicit consent to a breath test when they are stopped for suspicion of a DUI. While a police officer is also expected to have probable cause when conducting a DUI traffic stop, refusal of a breath test can result in charges of breath test refusal.
Penalties for a Breath Test Refusal can include:
First offense
Second offense
Third offense
The prosecution must establish the following elements in order to convict for refusal of a DUI breath test:
While saying an outright ‘No’ can indicate your refusal to take the breath test, there is a precedence of the following circumstances being considered as refusal.
It is important to remember that an officer is not required to read your Miranda rights when conducting a traffic stop or a field sobriety test. As much as they are not required to disclose that roadside DUI tests are voluntary, they may also not be able to disclose that refusal can result in charges. Knowing your responsibilities as a New Jersey driver is just as important as learning about your rights. If you have any questions, consulting an experienced New Jersey DWI lawyer is crucial.
Regardless of which impaired driving offense you are facing, you deserve to have a skilled DUI defense attorney on your side. Rachel Kugel, a top-rated New Jersey DUI attorney, has helped dismiss the charges and protect the rights of many New Jersey residents from DUI/DWI charges. Our team at The Kugel Law Firm can help you understand your rights and can represent your best interests in court. You don’t have to face your charges alone.
Contact us today at (973) 854-0098 to schedule a complimentary consultation or fill out our online form.
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Getting experienced legal representation is crucial if you have been charged with a DUI/DWI in New Jersey. A qualified lawyer may be able to use the available legal defense strategies in contesting your charges and preventing a DUI conviction. An attorney can challenge the evidence against you, the validity of the tests conducted to establish impairment, identify any violations of your rights that may have occurred during your arrest, and question the qualifications of the officers who administered the tests.
The result of a field sobriety test can be used as important evidence of impairment. However, the tests must be administered correctly and the overseeing officer must be qualified to administer the test. It is also important to remember that, while your refusal to submit to a field sobriety test may result in an officer arresting you it, is not a requirement to submit to field sobriety tests. It is also important to make sure that the place the field sobriety test is being conducted is well-lit and safe. A field sobriety test conducted in conditions that do not follow the administering requirements can be challenged.
A person’s BAC can be measured through a breath test or a breathalyzer, a blood test, or a urine test. Just as several factors can affect the BAC of a person, there are also many different factors that affect the accuracy of each type of test. Your attorney may be able to contest whether the calibration of the testing equipment is accurate, whether the person administering the test is qualified, and the time that has elapsed between the defendant’s last drink and the test being administered.
Certain medical conditions can mimic the symptoms of drunkenness and affect a person’s ability to perform field sobriety tests or blow into a breath test correctly. Therefore, if you have a medical condition that may have affected your performance on these tests – like an injury preventing you from walking in a straight line, it may be used as a defense in your case. People with vertigo or ear infections that affect balance may have compromised abilities that prevent them from passing the test.
It’s also worth noting that tests can be invalidated if the administering officer fails to account for the defendant’s physical condition. For example, persons 65 years old or older or those more than 50 pounds overweight should not be subjected to field sobriety tests.
Every case is unique and the defense strategy your attorney will use will ultimately depend on the specific circumstances of your case. As such, consulting with a DWI defense attorney who will be able to use the appropriate defense strategy for your case is vital. Contact The Kugel Law Firm today to schedule a free strategy session with our skilled NJ DWI lawyers.
A conviction for a New Jersey DWI can result in significant penalties, including fines, jail time, and a mark on your driving record. The specific penalties you may face will depend on the circumstances of your case and your prior history.
If you are a divorced parent, having a conviction on your record can affect your chances of being awarded custody or visitation rights to your children. It can also be construed as irresponsibility on your part and can affect future career development.
If you are a driver by profession or require a vehicle to get to and from work, your employment itself may be at stake. A DWI conviction can result in a lengthy suspension of your driving privileges, notwithstanding the prison sentence you can also receive.
If you are not a citizen of the United States a DWI or DUI conviction could result in your removal or deportation or it may prevent you from becoming a naturalized American citizen.
The matter of your legal defense should not be left up to chance. New Jersey DWI attorney Rachel Kugel understands the importance of standing up for a person’s individual rights and works hard to provide the best defense possible for her clients.
At The Kugel Law Firm, her work emphasizes providing compassionate but aggressive legal representation for individuals charged with DWI in New Jersey. Our team is dedicated to serving the community and helping New Jersey residents understand their rights and responsibilities under the law.
We have the experience and knowledge required to help you face your charges in court. We conduct a diligent examination of the facts and understand that each case is unique. We believe in transparency and professionalism and will discuss the law with you thoroughly to provide awareness of possible best- and worst-case scenarios.
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We want to capture your recollection of the way you were treated by the arresting officer and other facts while you are still under stress and probably on an adrenaline high. These details will provide clues as to how we will prepare your case.
We understand your difficult situation; we know that you are nervous and living in fear of the possible penalties you may face. But there is no need to panic. We are confident that we can relieve your anxiety not only by demonstrating our legal knowledge, but by conveying to you our compassion and sympathy through caring emotional support. Our promise is to work closely with you to plan your defense. Together we will calmly, diligently, and tirelessly address the charges against you to achieve a favorable and positive resolution of your case.
The Kugel Law Firm has many years of experience representing individuals charged with DWI and other-alcohol related charges. As your defense attorney, we will help you navigate the legal system, understand your rights, and plead for a result that will ensure that you avoid years of financial and legal struggles. We believe that everyone deserves a fair hearing. You can count on us to refute vigorously any and all arguments by the prosecution.
As we tackle the specific allegations for which you have been charged, we will activate our entire The Kugel Law Firm team of professionals to aid in the preparation of your defense. For example, our private investigators will search for and review video, audio, and email evidence to support our defense strategy. Both our investigators and attorneys will interview witnesses to extract the most intricate details embedded in the circumstances of your arrest. Each member of our team understands that cases are often won by uncovering minute details that are not likely to be found by a prosecutor who most likely is overwhelmed by a heavy case load. Our legal team also includes paralegals and legal assistants who are indispensable to our mission of providing the best legal defense for our clients. The paralegals and legal assistants on our team provide support to our attorneys by doing research to find previous cases with issues similar to those underlying your case. Paralegals also prepare motions which are requests to the judge to make a decision on an aspect of a case. A motion might be, for example, a request to dismiss your case for lack of probable cause to arrest you.
At The Kugel Law Firm, we take courtroom proceedings very seriously because it is in the courtroom that our clients come in contact with those actors who determine their future. Thus it behooves us to educate ourselves on courtroom rules which vary by location. There are many stated and unstated rules of conduct for attorneys and their clients. We pride ourselves on our knowledge of courtroom practice, and we believe that such knowledge gives us a leg up when we represent you before the judge. We know the rules of the court where your case is being heard. Although it may sound trivial, proper courtroom behavior and etiquette may determine whether a case is won or lost. Courtroom formalities and judges can be intimidating. So, before setting foot in the courtroom where your case is being heard, we review general courtroom rules and those rules peculiar to your assigned court. At The Kugel Law Firm, we carefully prepare our clients to ensure that they do not make common courtroom mistakes.
Finally, we take pride in our constant efforts to communicate with our clients. We are available at all times including nights and weekends. Never does a phone call, email, text, or letter go unanswered. When we communicate with clients, we listen intently for small details that might give us an edge when we present their case at the DMV hearing and in court.
Our goal at The Kugel Law Firm is to secure for our clients the least possible penalty as we argue on their behalf in the courtroom. But one of the first questions asked by potential clients is, “What penalties am I facing and, with your help, what is the best outcome I can expect?” Of course, we strive for complete dismissal of all charges. But often we must accept a negotiated settlement with minimum penalties to avoid jail time or large fines. So it is important to understand the penalties associated with the various DWI charges. Penalties for DWI offenses depend on age, license type, and previous convictions. They vary from required attendance at DWI school to lengthy jail time. In the following pages, we will outline some of the key points clients need to know about the penalties for specific DWI offenses.
Admin per se Penalties: In DWI cases, penalties are immediate. When you are pulled over for suspicion that you may be driving while intoxicated, your license will be confiscated on the spot. The officer will give you a temporary license good for 30 days. All that is necessary for seizing your license is the arresting officer’s belief that you were driving with a BAC of .08% or higher. Your license will also be suspended immediately if you refuse to take a chemical test when arrested. Above, Under Step 2 of the section entitled “Important First Steps to Take after a DWI Arrest,” we have explained the urgency of scheduling an Admin Per Se hearing within ten days of your arrest. Here we will explain the penalties which can be ordered by the DMV following a DWI arrest.
DMV penalties differ according to various circumstances, including number of previous DWIs, refusing to submit to a blood or breath test, age of the driver, etc. For a first time DWI offender, the Admin Per Se Law directs the DMV to suspend the license, for four months, of a person arrested for driving with a BAC of .08% or higher. During the ten day period after your arrest, you schedule that all-important DMV hearing described earlier. This is the time that you sit down with Rachel Kugel and her team at The Kugel Law Firm to plan your argument to fight the suspension. There are many arguments that can be used at this stage of your DWI case and we will review them to determine the best ones to use. Remember, though, that the DMV hearing is not your trial, but it is important because it provides an opportunity for your defense team to request the appearance of your arresting officer. By questioning the officer, we will get an idea of his or her recollection of the specifics of your arrest. Having such information on record will allow us to compare the officer’s statements at the hearing with his or her statements at trial. We will focus on challenging the officer’s claim that there was probable cause to stop you in the first place. We will also question the procedures used in the field sobriety tests administered at the arrest site. The purpose of the Admin Per Se hearing is, of course, only to fight the license suspension.
The DMV has the authority to suspend the license for one year if a first time offender refuses to take a chemical test. The penalties for second and third offenders are two and three years respectively.
Are you facing a DWI charge in New York Or New Jersey? The feelings of panic, guilt, and worry can feel overwhelming but facing a DWI charge is not a hopeless scenario. It’s important to know that a DWI arrest does not automatically mean you are guilty, and it doesn’t mean you will be convicted.
The steps you take during and after the DWI arrest can drastically influence the outcome of your case.
When you are stopped by a police officer and charged with a DWI, you need to remain calm, refuse field sobriety and breathalyzer tests, and stay silent. If arrested for a DWI, the Texas Department of Public Safety will take action against your driver’s license regardless of whether you submitted to testing or refused to test. If you refuse to submit to testing, the arresting officer will confiscate your psychical driver’s license and give you a Notice of Suspension. The Notice of Suspension will inform you of your right to request an ALR hearing, and it will serve as a temporary driving permit until the 40th day. After your arrest, you need to file a request for an Administrative License Revocation (ALR) hearing.
One of the best ways you can take action to protect yourself and your future from a DWI conviction is to seek out a proven DWI defense attorney right away. Your attorney will meticulously review your case details and work closely with you to build the case against the charges. Your attorney will advise you on the best course of action, including what to say and what not to say.
Being arrested for a DWI can be overwhelming, especially if it is the first time you are charged with a DWI. You may experience feelings of fear or embarrassment. You may be tempted to confide in the people around you. You may have the urge to ask questions; however, it is in your best interest to remain quiet and keep your own counsel. The law enforcement officers are not there to give you advice or to help you throughout your arrest. The law enforcement officers are there to book you into the system as quickly as possible. They are not your friends, do not confide in them or ask questions because anything you say can be used against you in court. Many police cars are equipped with audio recording, so make sure you remain calm and quiet.
A lot of action and dialogue takes place during and after an arrest. It is imperative that keep the case details private. Do not speak about your case with anyone who may later be required to testify against you. While you shouldn’t discuss your case details with anyone other than your attorney, it’s crucial to note everything that has happened during your arrest and detainment. You should write down everything you remember, including anything you said or did, anything the arresting officer said or did, the type of testing administered or refused. Try to remember exact phrases and quotes as much as possible. A detailed journal that contains an accurate recollection of events will provide your attorney with crucial information.
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Led by top-rated New Jersey criminal defense attorney Rachel Kugel, our team is ready to answer any questions you might have regarding your DUI case. Contact The Kugel Law Firm today for a free strategy session at your convenience.
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