Category: Driving While Intoxicated

What is Implied Consent in a New Jersey DWI Prosecution?

implied-consent-in-a-new-jersey-dwi-prosecutionWhen you’ve been pulled over by law enforcement officers in New Jersey because of suspicions that you are driving while intoxicated, one of the first things you can expect, after the officer asks if you have been drinking, is to be subjected to a blood alcohol test. You have the right to refuse to take the test, but the consequences of making that decision can be severe. That’s because New Jersey applies the law of “implied consent” to traffic stops involving DWI investigations.

“Implied Consent” Defined

The principle of implied consent holds that, simply by getting behind the wheel of a vehicle, you have agreed to take any chemical test requested by a police officer to determine whether you are under the influence of any substance that would negatively affect your ability to safely operate the vehicle. Such consent is deemed to be implied, because it applies regardless of whether you affirmatively agree to submit to the test, and even if you verbally indicate that you won’t take the test.

The officer, however, cannot compel you to take the test. However, if it’s the first time you’ve refused to comply with a breathalyzer request, you’ll immediately have your license suspended for seven months. A second refusal will cause you to lose your license for two years and a third will result in a 10 year revocation of your driving privileges.

Contact Attorney Michael Curtis Greenberg

Don’t lose your license or go to jail. Let us fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at 855-598-3650.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015
by
The American Society of Legal Advocates

What to Do When You Have Been Pulled Over by Police—Part One

speed-limit

You’re driving down the road…maybe you were going a few miles over the speed limit—when suddenly you notice flashing lights in your rearview mirror. Whether you’ve never had a ticket before or you’ve had multiple DUIs, you’ll probably feel that moment of panic. But you need to pull it together and pay attention to what you say and do, as the initial moments after a traffic stop can make all the difference between a warning and something more serious.

Pull Over Quickly, But Safely

There’s a common misperception that, if you immediately pull over, you’re admitting your guilt—not true!! In fact, it’s more likely a sign that you were actually paying attention to the road. But don’t make things worse by coming to a screaming halt or putting others at risk. Ensure that you have an opening to get off the road. Furthermore, if you are on a narrow or extremely busy road, look for an exit or a parking lot you can pull into. The officer will likely be more flexible if it appears that you were concerned for his or her safety.

Also, make certain you obey all traffic laws as you pull over. Use your turn signal if you are going to change lanes, turn corners or just to pull over to the shoulder. If you pull onto the shoulder of the road, get as far to the right as you safely can, so that the officer can come to and stand at your vehicle without being in the road.

Contact the Law Office of Michael Curtis Greenberg

Don’t lose your license or go to jail. We will fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at (800) 608-1350.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates

The Penalties of DUI & DWI in New Jersey

Young man in handcuffs

The following are penalties for driving under the influence; they vary according to BAC level and how many times you’ve been caught:

First offense with BAC of 0.08% but less than 0.10%:

  • License suspension: 3 months
  • Imprisonment: Maximum 30 days
  • Fine: $250 to $400
  • Intoxicated Driver Resource Center (IDRC): Mandatory 12 to 48 hours
  • Intoxicated Driver Resource Center (IDRC) Fee: $230
  • Alcohol Education and Rehabilitation Fund Fee: $100
  • Drunk Driving Fund: $100
  • Neighborhood Services Fund: $75
  • Surcharges: $1,000 per year for 3 years

First offense with BAC of 0.10% or higher:

  • License suspension: 7 to 12 months
  • Imprisonment: Maximum 30 days
  • Fine: $300 to $500
  • Intoxicated Driver Resource Center (IDRC): Mandatory 12 to 48 hours
  • Intoxicated Driver Resource Center (IDRC) Fee: $230
  • Alcohol Education and Rehabilitation Fund Fee: $100
  • Drunk Driving Fund: $100
  • Neighborhood Services Fund: $75
  • Surcharges: $1,000 per year for 3 years.
  • Ignition Interlock Device (IID): 6 months to 1 year after license is restored if BAC was 0.15% or over.

First offense DUI under 21 years old:

If you are under 21 years old and you drive with a BAC of anything over 0.01% you may face all of the fines and imprisonments times above and:

  • License suspension: 30 to 90 days.
  • Community service: 15 to 30 days.
  • Mandatory Alcohol and Highway Safety Education with IDRC.

If you are not licensed and under 17 years old at the time of the charges your license processing may take an additional 30 to 90 days.

Second offenses carry harsher imprisonment times as well as higher fines.

 

The IDRC

The state has a resource center in every county for first and third offenders and three regional centres for second offenders. Each offender attends an alcohol and highway safety education program at a center and is evaluated for an alcohol or drug problem. If treatment is required then the offender must complete a minimum of 16 weeks in a program.

The offender also has an opportunity to supplement this treatment with attendance at a self-help group. The centres monitor compliance and report any noncompliance to the courts and to Motor Vehicle Commission. Failure to comply on the part of the offender results in further license suspension and a possible jail sentence as well.

 

The Ignition Interlock Device (IID)

DUI offenders will be required to have a ignition interlock device installed if you BAC was 0.15% or over and or this is not your first DUI. If this is not your first DUI then you may be required to have an IID in your vehicle while your license is suspended and then for 1 to 3 years after your license is restored.

In this situation, the driver must blow into the device, and the vehicle will not start if that person’s blood alcohol content exceeds a certain level.

If you are required to have an interlock installed, you must present proof of installation in person at a Regional Service Center for restoration of your driving privilege.

 

Driver’s License Reinstatement

Once your suspension period is over you will receive a Notice of Restoration from the MVC. The first step to restoring your license is to pay the $100 restoration fee. You can do this online, in person or by mail. Once you have paid your fee you will have to complete all the steps for a driver’s license renewal and any other requirements on your Notice of Restoration.

Ways to Minimize the Risk of a DUI This Summer

Young man in handcuffs

It’s summer—time to get out the grill, throw some steaks on and have a few beers. But an arrest for drinking and driving can ruin your entire year. Here are some tips to help you avoid all the negative repercussions associated with a DUI.

 

Don’t Drink and Drive—Period

It’s the simplest, but also the hardest, advice to follow. Drink only at your own home or when you know that you won’t be behind the wheel. That way, you don’t have to worry about whether to have a second beer when you’re thirsty, or to have that high gravity microbrew your buddy has been talking about all week. If it’s simply not possible to abstain when you go to the cookout, don’t be afraid to call a cab to take you home. In the long run, it will be far cheaper than a DUI.

 

Have the Party at Your House!

This way, you can have your cake and eat it, too! The only caveat—be careful not to serve alcohol to anyone who appears visibly intoxicated, or to serve large quantities of alcohol to anyone. You might find yourself as a defendant in a dram shop/social host liability lawsuit if that person causes injury to another person.

 

Don’t Make Your Vehicle Stand Out!

The police have to have probable cause to pull you over, but that can be for something as simple as a burned-out tail light, or expired tags on your car. If the officer pulls you over for any legitimate reason, and smells alcohol on your breath, or reasonably suspects that you have been drinking, you can be subjected to a field sobriety test and a blood alcohol test. Make certain everything works properly and that your license and tags are current.

 

Contact the Law Office of Michael Curtis Greenberg

Don’t lose your license or go to jail. We will fight to protect your rights!
There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

 

To schedule an appointment, contact us by e-mail or call our office at (800) 608-1350.

 

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates

North Penn Operates Sobriety Checkpoints

Sobriety Checkpoints Set Up in North Philadelphia

Sobriety

Officials at the North Penn DUI Enforcement Team ran sobriety checkpoints in North Penn, Towamencin and Hatfield in mid-September, setting up roadblocks at strategic points in Montgomery County in an effort to get impaired drivers off the county’s streets. According to Hatfield police chief William J. Tierney, they also mobilized roving DUI patrols, focusing primarily on state roads 63, 113, 309 and 463. A spokesperson said the locations chosen were sites where unsafe driving and alcohol-related crashes have occurred in the past. Officials also said they checked for compliance with a number of other laws, including proper use of child restraint, proof of insurance, valid operator’s license and vehicle registration.

The Constitutionality of Sobriety Checkpoints

Though 12 states have found sobriety checkpoints to violate the provisions of the 4th Amendment to the U.S. Constitution (banning illegal search and seizure), such operations are legal in Pennsylvania. Under the 4th Amendment, a law enforcement officer must have “probable cause” to make a traffic stop, so that police generally cannot randomly stop motorists to determine if they are violating the law. The U.S. Supreme Court, though, has carved out an exception to the requirement of probable cause for sobriety checkpoints, ruling that the risks inherent in drinking and driving outweigh the potential invasion of privacy afforded by the Constitution.

As a general rule, the states, such as Pennsylvania, that still allow sobriety checkpoints impose guidelines for law enforcement agencies to follow when setting up such operations. One of the most common is the requirement that police provide advance notice that checkpoints will be set up.

Contact the Law Office of Michael Curtis Greenberg

Don’t lose your license or go to jail. Let us fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at (800) 608-1350.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates