A New Jersey DUI Lawyer on Driving Under the Influence Charges
Few matters that are brought in municipal court evoke as much emotion and even outrage as a charge for driving under the influence. A New Jersey DUI lawyer knows that just because someone is charged does not mean they are guilty. Also, it does not automatically mean that the charges or proceedings were appropriately commenced. Resultantly, since the penalties for a DUI charge are very severe, it is very important to have an experienced traffic violation attorney in NJ protecting your interests.
How an Officer Determines DUI
As a New Jersey DUI defense lawyer will tell you, many different aspects of the DUI stop and arrest can be called into question. This is largely because the officer’s first impressions may not always be accurate. Many of the factors which create the impression that an individual is under the influence are subjective in nature.
As a result, among the matters that New Jersey DUI defense attorney will investigate in developing a defense for his client are:
Did the officer have probable cause to stop the person in the first place?
Was the individual who was detained provided proper instructions before being given field sobriety tests?
What were the conditions under which the field tests were administered?
Was the arrest lawful?
Was the arrest justified?
Was the arrestee advised of his constitutional rights?
- Was the equipment used for testing (i.e., breathalyzer and/or machines testing BAC accurate and properly maintained?
A New Jersey DUI Defense Lawyer Discusses Possible Penalties
Even an individual convicted on a first offense can be severely penalized. In recent decades a general call for stronger penalties for DUI has led to laws which include a fine of between $250 and $400 for a first-time offender with a blood alcohol concentration of .08% to .10%. Further, the individual faces suspension of his license for three months, one to four days in an Intoxicated Driver Resource Center, and as many as 30 days in jail. Moreover, a conviction also means a $1000 DMV surcharge. Higher BAC levels and multiple offenders face even stiffer penalties.
A New Jersey DUI defense lawyer can work with the prosecution on the behalf of his client. In some instances if a conviction seems certain it is possible to plea down the charges to avoid certain penalties. A DUI conviction is a very serious matter, and will generally lead to loss of one’s license and a permanent mark on his record.
Call a New Jersey DUI Defense Lawyer
If you are facing charges for DUI, a New Jersey DUI defense lawyer may be able to help you. We at the Clark Law Firm, PC will look closely at your case and pursue any avenues of defense available. Call 877-841-8855.