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