Arrested for Drunk Driving in NJ?
New Jersey DWI Defense Attorney Explains Drinking While Driving Law
Driving While Intoxicated (DWI) is a relentlessly prosecuted criminal offense in New Jersey. A conviction can limit your freedom by preventing you from getting work or finding housing in the future. Depending on your circumstances, a conviction may also result in the loss of your current job. Furthermore, if your alleged crime is severe, then you may face jail time and financial penalties. If you are facing DWI charges, it is critical that you speak with an experienced lawyer. An experienced and reliable New Jersey DWI defense attorney can scrutinize evidence and help protect your rights.
At Gelman Law, LLC, we know that sometimes good people end up in difficult situations. Complicated moments in life can result in a bad decision or misunderstanding. Our law firm believes that your DWI charge should not define who you are. We can help you build a defense to safeguard your life against the penalties of a conviction. No matter the details of your arrest, our staff can draft and administer a defense in your best interest.
What Are My Rights After a Failed Sobriety Test?
Criminal defendants have constitutional rights. Regardless whether or not you believe you are guilty, you still have the right to a good defense. While it may seem easy to accept a public defender, it can make things more difficult down the road. Public defenders simply do not have the time that a focused DWI law firm has to devote to your case. Our resources include a team of professionals who can examine your case from multiple disciplines. We fight as hard as possible because we genuinely care about you having a successful defense.
If you took a roadside sobriety test such as a breathalyzer, then you may have concerns and questions about your rights. Law enforcement may pressure you to believe that a failed sobriety test is an admission of guilt. However, field sobriety tests are unreliable. Some forms of testing, such as doing a one leg stand, are inaccurate over a third of the time. Furthermore, blood, urine and breath tests can be challenged by establishing a violation of fourth amendment rights.
Is DWI a Criminal Charge in New Jersey?
Penalties are severe if you are convicted of a DWI charge. Adding to the confusion, the New Jersey judicial system defines varying degrees of crime. Crimes are listed as indictable offenses from first to fourth degree. If you have no prior criminal history, you may be able to use a pre-trial intervention program to avoid a criminal charge. You may also be able to have a probationary sentence. In some situations, a DWI charge is not a criminal offense but a traffic violation. However, if your alleged offense caused injury, wrongful death or other damage, then you may face criminal charges. Penalties for the varying degrees of crime include:
- First Degree: 10 to 20 years in prison. These criminal charges almost always involve lengthy litigation. You may face a first degree criminal charge if your drunk driving resulted in manslaughter. However, an experienced DWI attorney may be able to help you reduce these charges.
- Second Degree: Five to 10 years in prison. If you are also charged with drug possession when you are arrested, then you may be charged with a second degree crime.
- Third Degree: Three to five years in prison. Third degree crimes are similar to second degree crimes but with less severe penalties. You may face these types of charges for multiple DWI arrests.
- Fourth Degree: Maximum of 18 months in prison. You may face fourth degree offense for your first or second DWI arrest.
If you are facing DWI charges, then you should contact an attorney right away. A lawyer can explain your options for a defense and may be able to help you challenge the evidence against you. In some cases, you may be able to have your case dismissed or the charges against you reduced.
Charged with DWI? Contact Our DWI Defense Attorneys
Do you have concerns about the fairness of your field sobriety test? Has law enforcement pressured you into believing you are already guilty? Do you feel overwhelmed and confused with how to protect your best interests? Unfortunately, DWI charges are common in New Jersey. Thankfully, our firm has the resources and experience to protect your rights. We can scrutinize evidence and call on experts to defend you when you are most vulnerable.
You do not need to feel alone or that your future is in jeopardy. We dedicate a significant portion of our practice to defending DWI and other criminal offenses. Our focus allows you to be confident about the quality of your defense. Furthermore, our staff works diligently on your case to obtain the best result possible. We understand that you need to move on with your life and put these charges behind you. Contact Gelman Law, LLC. online or call us at (856) 433-1818 for a free consultation.