East Brunswick DWI Lawyer

Defending Against DWI Charges in New Jersey

If you have been arrested and charged with DWI in East Brunswick, you have the right to defend against the charges. Rather than accepting a conviction, with the help of our experienced East Brunswick DWI lawyer at the Law Office of Howard S. Teitelbaum, it may be possible to avoid conviction.

Our team is experienced, dedicated, and talented. Beyond our legal skills, we take our cases very seriously, as we understand that avoiding conviction is extremely important.

Call our DWI defense lawyer in East Brunswick immediately at (732) 338-0785, or contact us online so we can begin building your defense.

First-Time DWI Offenders

Being arrested for Driving While Intoxicated (DWI) can be overwhelming, especially if it’s your first offense. In New Jersey, the penalties for first-time DWI offenders can be severe, but there are potential benefits if you take the right steps early on.

Penalties for First-Time DWI Offenders:

• License Suspension: A first offense can lead to a suspension of your driver’s license for three months.
• Fines: Fines can range from $250 to $400, depending on the case.
• Jail Time: First-time offenders may face up to 30 days in jail.
• Alcohol Education: You might be required to complete an alcohol education program.

Potential Benefits of Diversion Programs:

• Conditional Discharge: New Jersey offers a program called the Conditional Discharge for first-time offenders who are charged with DWI. If you meet certain criteria, you could avoid a criminal conviction by completing a treatment program or other conditions.
• Reduction of Penalties: In some cases, an experienced DWI attorney can negotiate to reduce penalties, such as reducing the fine, decreasing the license suspension period, or removing jail time.

How an Experienced DWI Lawyer Can Help:

• Legal Defense: A skilled lawyer can review your case for any procedural errors, such as improper police stops or faulty breathalyzer tests, that could lead to a reduced charge or dismissal.
• Negotiation: Your lawyer can help negotiate for diversion programs, which can reduce or eliminate certain penalties.
• Guidance and Support: Your lawyer will guide you through the court process, ensuring that your rights are protected and helping to achieve the best possible outcome.

DWI Penalties for Repeat Offenders

If you have been arrested for DWI multiple times, the penalties become much more severe.

Enhanced Penalties for Repeat Offenders:

• Longer License Suspension: For a second offense, your license can be suspended for 2 years, and for a third offense, it can be permanently revoked.
• Higher Fines: Fines increase significantly for repeat offenders, ranging from $500 to $1,000.
• Jail Time: A second offense could result in up to 90 days in jail, while a third offense could lead to even more extended jail time.
• Mandatory Alcohol Education: Repeat offenders are often required to attend longer or more intensive alcohol treatment programs.

The Role of Field Sobriety Tests in DWI Cases

Field sobriety tests (FSTs) are often used by law enforcement to assess a driver’s level of intoxication. However, these tests are not always accurate, and their results can be challenged in court.

Validity and Reliability of FSTs:

• Accuracy: Field sobriety tests are subjective and can be influenced by factors such as fatigue, medical conditions, or weather conditions.
• Common Tests: The most common tests include the walk-and-turn test, one-leg stand, and the horizontal gaze nystagmus test. However, they are not foolproof indicators of impairment.

How a Lawyer Can Challenge FST Results:

• Medical Conditions: If you have a medical condition that affects balance or coordination, your lawyer can use this as a defense.
• Improper Administration: A lawyer can challenge whether the officer followed proper procedures when conducting the tests.
• Environmental Factors: External conditions such as poor road surfaces or weather could affect the results, which can be used to challenge the test in court.

By working with a skilled DWI lawyer, you may have the chance to reduce penalties or even have the case dismissed, particularly if the field sobriety tests or other evidence were improperly handled.

DWI Laws in New Jersey

In New Jersey, a motorist can get a DWI for operating a vehicle while under the influence. This means that the driver’s blood alcohol concentration (also known as BAC) is .08% or higher.

However, you can still be convicted of driving while under the influence if your blood alcohol concentration is below 0.08 percent. This is because consuming small amounts of alcohol can still result in decreased reaction time as well as impair your vision, judgment, and impact alertness. If consuming alcohol negatively impacts your driving in any way, you can be convicted of drunk driving.

What are Strategies that Can Be Used in DWI Defense?

Don’t assume a conviction is inevitable, as in fact, several strategies can prove to be effective in getting a DWI charge dismissed, reduced, or result in a “not guilty” verdict.

Some of the defenses that could be explored in your case include but are not limited to:

• You were a victim of an illegal police stop
• Roadside sobriety testing was performed incorrectly
• The breath-testing unit was faulty
• The officer performing breath testing was not properly trained
• The breath testing unit was not properly maintained
• The officer was engaged in racial profiling
• The state laws regarding roadside checkpoints were violated when you were pulled over
• You were not read your rights
• You have a medical condition that could affect the results from the breath testing unit

If your charges are the result of a blood test after an accident, several defense strategies are available, including issues related to the chain of custody.

Defending Against DWI Charges

You do not have to take a DWI charge lying down – you have the right to an attorney. Our decades of trial experience and our commitment to our clients has made our firm one of the leading DWI defense firms in the East Brunswick area.

Whether you are a resident or were passing through the community, we invite you to connect with us so we can review the facts in your case. We offer personal legal counsel and have an exceptional level of dedication to the people we represent.

What Are the Penalties for DWI in New Jersey?

The penalties for DWI in New Jersey are exceptionally harsh.

You could face:

• Jail time
• Fines
• A suspended license
• A permanent black mark on your criminal record that could affect your future employment opportunities

Frequently Asked Questions (FAQ) - DWI in East Brunswick

• What happens if I’m arrested for a DWI in New Jersey?
  If you’re arrested for DWI in New Jersey, the police will typically administer a breath test or blood test to determine your blood alcohol concentration (BAC). If your BAC is above 0.08% or if you show signs of impaired driving, you can face serious penalties. However, you have the right to challenge the charges in court with the help of an experienced DWI lawyer.
• Can I avoid a DWI conviction if this is my first offense?
  Yes, there are potential options available for first-time offenders, such as diversion programs, conditional discharge, or negotiating a plea deal. These options can help you avoid a criminal conviction or reduce penalties. Working with a skilled DWI lawyer increases your chances of securing these benefits.
• How can a DWI lawyer help my case?
  A DWI lawyer will thoroughly review your case for errors, such as an improper stop by law enforcement, faulty breathalyzer results, or improper field sobriety tests. Your lawyer will also help you explore defense strategies that could result in your charges being dismissed, reduced, or a "not guilty" verdict.
• What are the penalties for repeat DWI offenders in New Jersey?
  Penalties for repeat offenders are much harsher and can include:
  • Longer license suspension (up to 10 years for a third offense)
  • Higher fines (ranging from $500 to $1,000)
  • Extended jail time (up to 180 days for a third offense)
  • Mandatory alcohol treatment programs 

Charged with DWI in East Brunswick? Call our NJ DWI attorney today at (732) 338-0785 for a free case consultation.