Driving Under the Influence (DUI or DWI)

We have represented numerous multiple DUI offenders and they were found not guilty with our expert defense team.

State of New Jersey Blood Alcohol Content (BAC) Laws:

• All drivers with a BAC of .08 or higher.
• Under 21 with a BAC of .01 or ANY Detectable Amount of Alcohol
• Commercial Vehicle Driver with a BAC of .04 or higher

A Defendant can be convicted of New Jersey DWI (N.J.S.A. 39:4-50) if the State proves beyond a reasonable doubt that he was:

• Operating a motor vehicle while under the influence of alcohol (by “observations” of intoxication such as poor performance on balance testing, swaying, staggering, slurred speech, etc.), or

• New Jersey imposed the installation of an IID on the car of anyone convicted of a DUI who has restricted driving privilege. The device must be installed and maintained for the duration of the restricted privilege.

• All drivers that travel on the roadways of the State consent to submitting a chemical test of their blood, breath or urine if an officer of the law suspects that the driver is intoxicated.

In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI or DWI).  Most states have laws that outline specific and strict penalties for anyone refusing a breathalyzer (refusal 39:4-50.2 or 39:4-51) or blood test. In some cases, there are penalties for refusing a breathalyzer that are separate from any conviction of a DUI offense. If you have refused to do a breathalyzer or blood test you should to speak with a DUI attorney about your options. It is possible to still be convicted of a DUI even if you refused the test. As of January 2006, nineteen states have additional civil or criminal penalties for blood alcohol content test or breathalyzer refusal. The penalties include fines, insurance surcharges, suspension or revocation of vehicle registration, jail time and enhanced penalties for drivers who refuse the breathalyzer or blood alcohol test and are convicted of DUI.  New Jersey DUI laws require that participation in an alcohol treatment program be taken if one refuses a breathalyzer test.  Many different things can be used against you in Court if you refused the breathalyzer test; those things include but are not limited to, the officer’s observations of your speech, erratic driving, presence of an open alcohol container, or a witness testimony.  You could be facing severe penalties for the test refusal.  If you have been charged with a DUI, talk to a NJ DUI attorney right away. You should be aware of the potential and possible DUI defenses before you appear in court.

Call today for your free consultation 800-709-1131

Motorists of New Jersey who are arrested for drunk driving, DUI, (driving under the influence) or DWI (driving while intoxicated) NJ Statute 39:4-50 are required to submit to a chemical test of their blood, breath or urine to determine their blood alcohol content(BAC). Breath tests, among many other chemical tests can definitely be challenged. The attorneys at the SIMON LAW GROUP have successfully proven that fact many times over! Breath tests estimate blood alcohol content using certain scientific assumptions that aren’t always correct; they can vary based on the individual.  We would question the functioning of the machine to make sure it was being operated properly.  If the machine was not functioning properly then it could not give a reliable result. The attorneys at the SIMON LAW GROUP will assure that there were no indiscretions during the breath test.  In addition, the attorney will also determine whether the operator of the machine was properly qualified to do the testing. If the operator was not qualified then the results of the testing may be dismissed as evidence.  If the evidence gets thrown out then that would become a big advantage for the case in question.  Normally with a first offense DUI/DWI case the penalty is losing your license anywhere from seven to twelve months, but without breath tests results the penalty could  be reduced down to three months loss of license.  On the other hand, if all evidence ends up being neutralized then the DUI or DWI charge could be dismissed altogether.

Call today for your free consultation 800-709-1131 to defend you in a DUI

Ignition interlock device

If your license was suspended because of a DUI offense, the court may require you to get an ignition interlock device to fully restore your driving privileges. This device is attached to your vehicle with a built-in Breathalyzer and prevents the vehicle from starting if your BAC exceeds 0.05%.

• First DUI offense: Installation of interlock device for six months to one year upon restoration (judge's discretion); BAC 0.15% or greater requires mandatory installation of ignition interlock device during license suspension and for 6 months to 1 year following restoration
• Second DUI offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration
• Third DUI offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration

If the court sentences you to get an interlock device, you will receive a notice of suspension from MVC with instructions on how to obtain the device.

IMPORTANT NOTE: Failure to have an ignition interlock installed when ordered by a judge could result in an additional one year driving privilege suspension.

Any person convicted of an alcohol related traffic offense must participate in a program at an Intoxicated Driving Resource Center (IDRC):

• New Jersey has an IDRC in each county for first and third-time offenders and three regional centers for second-time offenders
• During the program, offenders attend mandatory Alcohol and Highway Safety Education courses
• IDRC also evaluates each offender for an alcohol or drug problem and determines the need for treatment
• If treatment is needed, the center refers the offender to an appropriate provider for a 16-week minimum treatment
• Offender may supplement the treatment with attendance at a self-help group
• IDRC monitors compliance and reports noncompliance to the courts and MVC

Satisfactory participation in IDRC is a step toward restoring your license. Failure to comply will result in further license suspension and possible jail time