New Jersey DUI Lawyers

There’s a Lot at Stake After a DWI Arrest. Let a New Jersey DUI Lawyer from Our Firm Help

If you have been arrested for driving under the influence (DUI) in New Jersey, you need to make sure you have a clear understanding of your present circumstances. For example, did you know you are not entitled to a trial by jury? Did you know the judge could order jail time for a first offense, and jail time is mandatory for repeat offenders? Did you know you could be facing thousands of dollars in fines, costs, and insurance surcharges? Without the help of a New Jersey DUI lawyer, there are too many circumstances that put your freedom in jeopardy.

There are many potential consequences to a drunk driving arrest. Fortunately, there are also several potential defenses. Our New Jersey DWI lawyers provide experienced and aggressive legal representation for clients facing DUI charges throughout the state. If you have been charged with DUI (or DWI), you simply cannot afford to face the judge on your own (or, worse, miss your court date). You need to take your situation seriously, and this starts with hiring serious legal representation.

We Have Been Helping People Fight DUI Charges in New Jersey for Decades

Our firm has been helping New Jersey residents fight DUI charges for decades, and combined, our lawyers have centuries of experience handling drunk driving cases. We have office locations statewide, and when you choose our firm, you will work with a DUI lawyer who has extensive experience helping individuals avoid unnecessary consequences.

In addition to our experience fighting for DUI defendants in New Jersey’s municipal courts, we also have lawyers who are trained in the Alcotest (the breathalyzer device) and the standardized field sobriety tests (SFSTs). Blood alcohol concentration (BAC) readings and SFST results frequently play a central role in DUI cases. By challenging the accuracy, reliability and admissibility of our clients’ BAC readings and SFST results, we have been able to help numerous clients escape drunk driving convictions in court. We have successfully defended many clients in DUI cases by asserting a wide range of other defenses.

Our New Jersey DUI Defense Attorneys Are Here to Help – You Can Hire Us With Confidence

At Helmer, Conley & Kasselman, P.A., we have a team of attorneys whose practices are dedicated to DUI defense. We are also proud to note attorneys John Dell’Aquilo and Michael Troso (listed below) are specifically trained in the Alcotest and SFSTs. Choose an attorney to learn more:

• David R. Branco
• John Dell’Aquilo
• Brian E. Jacobs
• Michael Troso
• James M. Conley
• Yaron Helmer

What Are Drunk Driving Offenses in New Jersey?

In New Jersey, there is no distinction between “driving under the influence” and “driving while intoxicated.” These terms are used interchangeably, and they describe the traffic offense outlined in Section 39:4-50 of the New Jersey Motor Vehicle Code. Under Section 39:4-50, it is illegal to “operate[] a motor vehicle while under the influence of intoxicating [alcohol or drugs], or operate[] a motor vehicle with a blood alcohol concentration [BAC] of 0.08% or more.”

As a result, even though the law only establishes one drunk-driving offense, there are actually two ways a person can be charged with DUI. First, you can be charged with DUI if you are “under the influence” of alcohol, regardless of your BAC. Second, you can be charged if your BAC is 0.08 percent or above, regardless of whether the alcohol has an influence on your driving capabilities.

In addition to being charged with DUI, individuals arrested for drunk driving will often face charges for additional offenses, including:

• Driving under the influence with a minor as a passenger
• Possession of an open container
• DUI with injury or death by auto
• Refusing to consent to a breath test (“implied consent” violations)
• Underage drunk driving (under New Jersey’s “zero tolerance” law)

Penalties for Drunk Driving in New Jersey

The range of potential penalties for DUI is determined based upon (i) the alleged offender’s DUI history, and (ii) whether there were any aggravating factors involved in the arrest. For example, for a first-time “standard” DUI, the potential penalties include:

• $200 to $400 in fines
• Insurance surcharges
• Indefinite forfeiture of license
• Installation of an ignition interlock device for 3 months
• 12 to 48 hours at an Intoxicated Driver’s Resource Center
• Up to 30 days in jail
• School zone offenses eliminated
• The other penalties listed above

Learn more about the penalties for DUI in New Jersey.

What NJ Prosecutors Must Prove to Convict You of DWI

In drunk driving cases, the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt. As a result, your New Jersey DWI lawyer doesn’t need to be able to prove you are innocent to help you avoid a conviction. Instead, your lawyer just needs to be able to prevent the prosecution from proving you are guilty.

But this still isn’t easy. Under New Jersey law (Section 39:4-50 of the New Jersey Revised Statutes), the prosecution has two ways to prove you deserve a DWI conviction. Prosecutors can prove you are guilty by showing either:

• You were operating a motor vehicle “while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug;” or,
• You were operating a motor vehicle “with a blood alcohol concentration of 0.08% or more by weight of alcohol.”

Prosecutors do not need to prove both. If they can prove you were under the influence, then they don’t need a high BAC to secure a conviction. If they can prove your BAC was over the legal limit, they can secure a conviction even if you were still safely in full control of your vehicle.

This is critical to understand, and it is one of the most important reasons to put an experienced New Jersey DWI lawyer on your side. When you hire a lawyer at our firm, your lawyer will scrutinize all of the prosecution’s evidence and determine all of the steps that are necessary to protect you. If the police officer who arrested you can testify you were driving dangerously (or if you were caught on camera), then challenging your BAC reading will not be enough. Likewise, the prosecution may be able to secure a DWI conviction even if you refused the breath test, in which case you could face an additional charge for violating New Jersey’s “implied consent” law.

A New Jersey DWI Lawyer Explains the “Implied Consent” Law

New Jersey is among the states that has a law commonly known as “implied consent.” Under the state’s implied consent law, if the police stop you on suspicion of DUI, you are legally-required to submit to a breath test (the Alcotest, also commonly known as a “breathalyzer”). If you take the test as required, the prosecutor’s office can use your BAC against you in court. If you refuse to blow, you can be charged with an implied consent violation, in addition to facing charges for drunk driving. Since this is a separate offense, you can be penalized for an implied consent violation, even if you are not convicted of DUI. The penalties for implied consent violations are severe, and in certain respects even exceed those for a first-time DUI.