Challenging a Breath Test in New Jersey

4. Challenging a Breath Test in New Jersey

You’d been drinking, got pulled over and submitted to a breath test, which confirmed that you were driving while under the influence. How do you go about challenging the breath test? Is there any way that can be done?

In actuality, there are a number of requirements associated with breath tests. In addition, a good defense attorney may be able to show that the equipment used was not properly calibrated, maintained or repaired. Here are just some of the steps officers have to take to ensure a valid breath test:

  • The mouthpiece on the machine must be changed between each breath (not each subject), as blood alcohol readings can be cumulative
  • The officers cannot rely on a single reading—there must be at least two readings in excess of the legal limit
  • There cannot be any radio devices, cell phones or walkie-talkies in the room where the test is conducted
  • The person being tested must be observed for at least 20 minutes prior to the test, to confirm that they did not vomit, regurgitate or even belch, as that can affect the results
  • The officer must clearly ask the driver if they’ll take the test—twice—and the driver must clearly say yes—twice

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 (800) 608-1350.

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

Defending a DUI Charge in New Jersey-Searches and Warnings

2. Defending a DUI Charge in New Jersey

If you have been arrested and charged with drunk driving in New Jersey, and the blood alcohol tests confirm that you exceeded the legal level when pulled over, you may still be able to successfully defend the charges. Police are required to follow a very specific set of procedures when stopping you, and often make mistakes that can warrant the dismissal of the case against you. One of the most common involves failing to meet Constitutional requirements.

Under the 4th Amendment to the U.S. Constitution, all citizens have the right to be free from unreasonable search and seizure. To be reasonable, there must be what is known as the probable cause the officer making the traffic stop must either observe a traffic violation or have reasonable cause to believe that you are violating or have violated the law. In addition, if you are taken into custody, you must be advised of your “Miranda” warnings – that you have the right to remain silent, that you have the right to an attorney, that you have the right to have an attorney appointed for you if cannot afford one. If the police don’t put you on notice of your Miranda warnings, anything you subsequently say may be excluded from evidence at trial.

Contact the Law Office of Michael Curtis Greenberg

You don’t have to lose your license or go to jail. Let attorney Greenberg fight to protect your rights!

Your first consultation is free. We’ll meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We take all credit cards, as well as PayPal.

For 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 Effect of Multiple Convictions on DUI Sentencing in Pennsylvania

Arrested and charged

When you’ve been arrested and charged with drinking and driving in Pennsylvania, one of the factors that will determine the penalties you’ll face is the number of times you have previously been convicted of drunk driving. Here are the guidelines in Pennsylvania.

First Offense

If you have never been convicted of DUI before, you won’t have to face any minimum jail time. That typically applies only if you are charged with “general impairment, where your BAC is below .10. A first conviction can lead to a $300 fine, but there is no license suspension and no ignition interlock, unless you refuse to take the blood test.

Second Offense

For a second conviction, you can be sentenced anywhere from 5 days to 6 months in jail, depending in part on your level of intoxication. The fine can be as little as $300 or as much as $2,500 and you will lose your driving privileges for 12 months. If you are given any type of restricted driving privileges, you will be required to have an ignition interlock installed on your vehicle.

Subsequent Offenses

For any additional conviction, you can face 10 days to two years of incarceration. The financial penalties range from $500 to $5,000. Your driving privileges will be suspended for a year and you’ll have to install an ignition interlock for any restricted driving.

Contact the Law Office of Michael Curtis Greenberg

You don’t have to lose your license or go to jail. Let attorney Greenberg fight to protect your rights!

Your first consultation is free. We’ll meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We take all credit cards, as well as PayPal.

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

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

Penalty Tiers for DUI in Pennsylvania

arrested

You’ve been stopped, arrested and charged with drinking and driving in Pennsylvania. What can you expect as a potential penalty if you are convicted?

In Pennsylvania, as in other states, there’s a range of penalties and the sanctions imposed depend on a couple factors—how many times you have previously been convicted and what your blood alcohol level was when you submitted to the breathalyzer—what are known under Pennsylvania law as “penalty tiers.

The Different Penalty Tiers for DUI in Pennsylvania

In 2003, the Pennsylvania legislature lowered the legal blood alcohol content (BAC) for intoxication from 10% to 8%. At the same time, they established tiers of intoxication that carry different penalties:

  • A blood alcohol content of .08 to .10 is considered “general impairment. A person testing at this level can face six months probation, a $300 fine and attendance at an alcohol safety school, provided it’s a first offense.
  • A blood alcohol level of .10 to .159 is deemed a high rate of alcohol.” Persons under 21 with a BAC of .02 or higher are also within this tier, as are people who caused any accident causing injury or property damage and certain persons driving commercial vehicles. A first conviction at this tier leads to a mandatory 48 hour incarceration and a 12 month license suspension.
  • A blood alcohol level of .16 or higher is labeled “highest rate of alcohol, with a mandatory three day jail sentence and 12 month license suspension for a first conviction. Anyone refusing to take a blood test will also be charged under this tier.

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 at 855-598-3650.

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