New Jersey DUI Lawyer Information:

NJ DUI Lawyer straight line best in East Brunswick NJ and best in New Brunswick NJAllan Marain is a New Jersey drunk driving DUI lawyer. He is a past chair of the New Jersey State Bar Association Municipal Court Section. He has forty-five years experience.

NJ DUI: Defenses to Drunk Driving in New Jersey Exist

Numerous defenses to drunk driving (DUI) charges exist. Issues that Criminal Lawyers in New Jersey™ consider include:

  • Was your car (or vehicle) legally stopped in the first place?
  • Did the cop have “probable cause” to believe you were under the influence (DUI)?
  • Were you even driving the car to begin with? Can they prove it?
  • Were any roadside field tests administered properly?
  • Were any statements you gave, that the State proposes to use, obtained lawfully?
  • Was the person who administered a breath test qualified to do so?
  • Was the breath testing machine in proper working order?
  • Was the breath testing machine operated properly?

New Jersey DUI lawyers scrutinize the entire situation for issues such as these. These are issues that can mitigate the penalties or, in some cases, result in complete dismissal of the charge.

NJ DUI: What Constitutes Drunk Driving in New Jersey

Drunk driving. Driving While Intoxicated (DWI). Driving While Under the Influence (DUI). In New Jersey, they all mean the same thing. The principal New Jersey statute that deals with DUI is N.J.S. 39:4-50.

Under N.J.S. 39:4-50, four different activities constitute DUI. Those activities are committed when a person:

  • Drives while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug;
  • Drives while having a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood;
  • Permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to drive a motor vehicle owned by him or in his custody or control;
  • Permits another with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood to drive a motor vehicle.

NJ DUI charge lawyer East Brunswick NJ and New Brunswick drunk driving lawyer best betUnder N.J.S. 39:4-50, a person can be found guilty of drunk driving (DUI) in New Jersey even when the blood alcohol content is 0.0%. This happens when the substance causing the intoxication is something other than alcohol. That “something” can be marijuana, heroin, LSD, or any other so-called controlled dangerous substance. Moreover, the intoxication can arise even from substances that are completely legal in NJ. Thus various medications, even when taken under prescriptions issued by a physician, can cause a person to be “under the influence.”

Driving in New Jersey with a blood alcohol concentration of 0.08% or more constitutes DUI regardless of whether the alcohol affects the driver's abilities. Once the alcohol level reaches or exceeds that 0.08% threshold, whether it affects the driver's abilities at all becomes irrelevant. This is what is called a “per se” violation.

NJ DUI: Drunk Driving Penalties in New Jersey

New Jersey penalties for drunk driving (DUI) are among the most severe in the country. Loss of driving privileges is always imposed. For a first offense, depending on circumstances, this loss will vary from three months to two full years. The direct fine for a first offense ranges from $250.00 to a manageable $800.00. Added to that will be a still-manageable surcharge of $100.00, and a DUI enforcment fee of still another $100.00. This, however, is just the beginning. The indirect costs are staggering. For openers, following conviction for DUI, the New Jersey Motor Vehicle Commission will impose an additional surcharge of $1,000.00 per year for each of the next three years. Nine insurance points will be assessed. Ability to obtain car insurance will become severely limited, or impossible. Two sessions at an Intoxicated Driver Resource Center (IDRC) will be required (with a fee of $75.00 per session). There will be an eventual driver license restoration fee. The “ordinary” driver restoration fee is $100.00. The driver restoration fee for DUI suspenstions, however, is $200.00. Still on just a first offense, the driver is exposed to a jail term of up to thirty days. Installation of an ignition interlock device may be required.

Not surprisingly, New Jersey penalties for subsequent drunk driving (DUI) convictions escalate. When the DUI conviction tally becomes three or more, the court fine becomes $1,000.00 to $2,000.00. Incarceration for 180 days becomes mandatory. New Jersey license suspension becomes ten or, under certain circumstances, twenty years. Only one interpretation of the law favorable to the motorist exists: In the rare circumstance that the motorist was previously convicted of refusal and not convicted of DUI, a present conviction of DUI in New Jersey will be treated as a first offense, and not as a second.

NJ DUI: “Refusals” in New Jersey

Refusal of a motorist to submit to an alcohol test when validly arrested for DUI is a separate offense. Its citation is N.J.S. 39:4-50.4a. New Jersey penalties for refusal are almost identical to the penalties for the DUI itself. Moreover, following a valid New Jersey DUI arrest, when the motorist refuses to submit to a breath test, the judge is permitted to draw an adverse inference concerning what the results would have been. If the motorist is convicted of both DUI and refusal, the court will impose separate penalties on each. Periods of driver license suspensions can be consecutive.

Just as with DUI convictions, penalties that New Jersey imposes on refusal convictions also escalate. Further, if a motorist is convicted of refusal, prior DUI convictions will cause the refusal conviction to be treated as a subsequent offense.

NJ DUI: New Jersey Penalties Have Changed, Effective December 1, 2019

On August 23, 2019, Governor Murphy signed into law Senate Bill 824. S824 dramatically alters DUI/DWI penalties. These changes took effect on December 1, 2019. For the most part, these changes greatly benefit New Jersey drivers. These changes affect much of the information in the two penalty sections above. DUI Lawyers in New Jersey have been busily representing their clients and, to date, are still trying to find the time to update these penalty sections.

New Jersey Drunk Driving Lawyers : NJ DUI

If you have been charged with drunk driving DUI in New Jersey, you owe it to your future to call them at 732-828-2020.

 Overview  |  Allan Marain  |  Norman Epting, Jr.  |  The Practice  |  Selecting a Lawyer 
 Trial Transcript  |  Jobs and Internships 

 Abandoned Cars  |  Aiding Suicide  |  Appeals  |  Arson  |  Assault  |  Bad Checks  |  Bribery  |  Burglary 
 CDS in Vehicle  |  Cell Phones  |  Child Pornography  |  Cocaine  |  Computer Crimes 
 Conditional Dismissal  |  Conspiracy  |  Credit Card Fraud  |  Drug Crimes  |  Drug Deaths  |  DWI/DUI 
 Eluding  |  Endangering  |  Entrapment  |  Evidence  |  Expungements  |  False Swearing 
 Federal Appeals  |  Federal Crimes  |  Fictitious Reports  |  Forgery  |  Graves Act  |  Gun Law  |  Harassment 
 Hazing  |  Homicide  |  Identity Theft  |  Insurance Fraud  |  Invasion of Privacy  |  Jury Service  |  Juvenile Delinquency 
 Kidnapping  |  Leaving the Scene  |  Lewdness  |  Mail Fraud  |  Manslaughter  |  Marijuana  |  Megan's Law 
 Miranda Warnings  |  Money Laundering  |  Municipal Court  |  Murder  |  NERA  |  No Insurance  |  Official Misconduct 
 PCR  |  Peeping Tom  |  Perjury  |  Point Assessments  |  Police Misconduct  |  Possession  |  Prostitution 
 PT I  |  Receiving Stolen P'ty  |  Red Light Cameras  |  Refusals  |  Resisting Arrest  |  Revoked List  |  Robbery 
 Sexual Assault  |  Shoplifting  |  Stalking  |  Street Crimes  |  Tax Crimes--Federal  |  Tax Crimes--NJ 
 Terroristic Threats  |  Theft  |  Theft by Deception  |  Theft of Services  |  Traffic Offenses 
 Unauth'd Prac Law  |  Underage Drinking  |  Underage Gambling  |  Urinating in Public 
 Vehicular Homicide  |  Violation of Probation  |  Weapons Possession  |  White Collar Crimes  |  Wire Fraud 

 Discrimination  |  Domestic Violence  |  Drivers Licenses  |  Excessive Force  |  Freedom of Speech 
 Personal Injury  |  Whistleblowers 

 Case Review  |  Super Links  |  Crystal Meth  |  Directions  |  Parking  |  How Did We Do?  |  PGP Public Key 

 The Bottom Line 

Law Offices of Allan Marain
Attorneys and Counsellors at LawFirm accepts PayPal for fees relating to New Jersey Lawyers for criminal charges, DWI DUI in State and federal court in New Jersey
100 Bayard Street
P.O. Box 1030
New Brunswick NJ 08903
Phone 732-828-2020
or Toll Free: 877-652-6531

“We, as criminal defense lawyers, are forced to deal with some of the lowest people on earth. People who have no sense of right and wrong. People who will lie in court to get what they want. People who do not care who gets hurt in the process. It is our job, our sworn duty as criminal defense lawyers, to protect our clients from those people.”

Cynthia Roseberry

“In criminal law there is only one true law, the constitution of the united states. All statutes and codes are merely the ravings of politicians.”

Counsellors at Law in the Law Offices of Allan Marain, located in New Brunswick, represent clients throughout Central and Northern New Jersey. That includes Asbury Park, Bedminster, Belleville, Bergenfield, Berkeley Heights, Bernards Township, Bernardsville, Bogota, Bound Brook, Branchburg, Brick, Bridgewater, Clifton, Clinton, Closter, Cranbury, Cranford, Cresskill, Deal, Demarest, Denville, Dover, Dumont, Dunellen, East Brunswick, East Rutherford, East Windsor, Edison, Elizabeth, Emerson, Englewood, Englishtown, Ewing, Franklin Township, Freehold, Garfield, Garwood, Hackensack, Highland Park, Hillsborough, Hillsdale, Hillside, Jersey City, Kearny, Kenilworth, Lakewood, Lawrence Township, Mahwah, Manville, Marlboro, Matawan, Metuchen, Middlesex Borough, Monroe, Mountainside, New Brunswick, North Brunswick, Nutley, Old Bridge, Paramus, Parsippany, Paterson, Perth Amboy, Piscataway, Plainfield, Plainsboro, Point Pleasant, Princeton, Rahway, Raritan, Readington, Red Bank, Ridgefield, Ridgefield Park, Ridgewood, Robbinsville, Rockaway, Rocky Hill, Roselle, Roselle Park, Rutherford, Sayreville, Scotch Plains, Seabright, Seaside Heights, Seaside Park, Secaucus, Shrewsbury, Somerville, South Amboy, South Bound Brook, South Brunswick, South Orange, South Plainfield, South River, Sparta, Spotswood, Summit, Teaneck, Tenafly, Toms River, Trenton, Union, Wall, Warren, Washington, Watchung, West Windsor, Westfield, Woodbridge, and other communities in Bergen County, Mercer County, Middlesex County, Monmouth County, Ocean County, Somerset County, Sussex County, Union County, and Warren County. They handle criminal matters in the United States District Court for the District of New Jersey, and the United States Court of Appeals for the Third Circuit. They are available to handle matters in the United States Supreme Court.

Criminal Lawyers in New Jersey and
© Copyright 2006-2020, Allan Marain, New Brunswick, NJ, All rights reserved.
For information, questions, or suggestions about our site, please email our webmaster.
Web site design by DNEBA Enterprises » Accessible and Effective Web Design.
Search engine optimization by Rank Magic.
Page last updated 27 July 2020, and displayed Tuesday 29 September 2020, at 15:25:21 EDT.
Hosted by Westhost »When you expect more from your Web host.

Allan MarainClients’ ChoiceAward 2020   NJ Criminal Defense Lawyer Provides Valid XHTML 1.0 Transitional code   Criminal Lawyer in NJ adheres to CSS standards   Site powered by Apache for users with problems relating to NJ New Jersey marijuana pot paraphernalia arrest arrested municipal court lawyer Rutgers police   Dynamic Drive provides much-valued technical assistance for attorneys at law in New Jersey court defense