New Jersey
DUI Lawyer - New Jersey
DUI Laws
New Jersey drunk
driving cases are referred to as New Jersey OVI (operating a
vehicle while intoxicated), New Jersey DUI (driving under the
influence of alcohol), or New Jersey OMVI (operating a motor
vehicle while under the influence, impaired, or intoxicated).
All of these acronyms relate to the same offense, found in
the New Jersey Revised Code.
New Jersey drunk
driving arrests trigger two separate cases: the court case,
where penalties include jail time, fines, mandatory classes,
and more; and the New Jersey Bureau of Motor Vehicles case, where
the arrestee's driving privileges are at stake.
| URGENT:
IF YOU OR SOMEONE YOU CARE ABOUT HAS BEEN CHARGED WITH ANY
TYPE OF NEW JERSEY DRUNK DRIVING OFFENSE, WHETHER OMVI,
DUI, OVI, OR ANY OTHER TYPE OF DRINKING AND DRIVING CASE,
THE LAW LIMITS THE AMOUNT OF TIME YOU HAVE TO CONTEST
THE AUTOMATIC SUSPENSION OF THE DRIVER'S LICENSE. CONTACT
A LAWYER RIGHT AWAY. |
New Jersey DUI law
makes it a crime for any person to operate a motor vehicle while
having any amount of alcohol or drugs or combination of the drugs
and alcohol that impairs their physical or mental abilities to
an appreciable degree. This offense does not require proof of
any specific amount of alcohol in your system; therefore, you
don't have to take the blood, breath, or urine test to be convicted
of this offense.
New Jersey drunk
driving law also makes it illegal to operate a motor vehicle
with a specific level of alcohol in your system: .08%
as determined by blood, breath, or urine testing. These are called
per se offenses, and they have nothing to do with alcohol interfering
with the driver's physical or mental abilities. They are based
purely on body chemistry.
In order
to be convicted of a drinking and driving offense in New Jersey,
the defendant's guilt must be proven beyond a reasonable doubt.
This means that the prosecutor has the burden of proving each
element of the crime to the exclusion of every reasonable doubt,
and in the case of a reasonable doubt as to any element, the
accused is entitled to a verdict of not guilty.
What are
the elements of New Jersey DUI cases? Each aspect of a New Jersey
OMVI case must be analyzed to determine if the prosecutor can
meet his or her burden. This will depend on the type of evidence
the prosecutor can introduce on each of the following points.
"Operate"
has a different definition than actually driving down the road.
It includes being in control of a vehicle even if parked and not
running at the time of the offense. If one is in the driver's
location of a stationary vehicle and has the keys close at hand
so as to be capable to put the vehicle in motion, it would be
considered "operation" and thereby an offense in New Jersey.
Many cases in New Jersey have dealt with various aspects of whether
the vehicle was on private property, actually moving, driver
actually in driver's seat, keys actually in the ignition and
other aspects of operation. A new addition to the code will make
actual physical control of the vehicle an offense.
"Vehicle"
is also broader than the limited application to a car. It includes
a motorcycle or bicycle or any device that is moved by power other
than human power. Courts have determined that a mounted bicycle,
golf cart, tractor, riding lawnmower and other devices are included
in the definition of "vehicle". Obviously motorized
wheelchairs are excluded. It should be noted here that there are
separate code sections for the operation or physical control of
watercraft under the influence and it has its own set of definitions.
"Under
the influence of alcohol"
means that a person consumed some alcohol, whether mild or potent,
in such a quantity, whether small or great, that it adversely
affected and appreciably impaired the person's actions, reactions
and mental processes under the circumstances then existing and
deprived him of the clearness of intellect and control of himself
which he would otherwise have possessed. The question is what
effect did any alcohol consumed by the person have on him at the
time and place involved. If the consumption so affected the nervous
system, brain or muscles of the person so as to impair to an appreciable
degree his ability to operate the vehicle, the person was under
the influence. "Appreciable" means noticeable or perceptible.
Highlights of New Jersey's OWI Law
Here are highlights from New Jersey law on operating a vehicle while intoxicated (New Jersey Code 9-30-5). Click on the links for further explanation of the legal terms associated with drunk driving in New Jersey.
'Per Se' BAC Level: .08
Zero Tolerance BAC Level: .02
Enhanced Penalty BAC Level: .15
Implied Consent Law: Yes
License Suspension 1st Offense: 180 days
License Suspension 2nd Offense: 180 days
License Suspension 3rd Offense: 180 days
Mandatory Jail Time after 2nd offense: Yes
Mandatory Alcohol Education: No
Mandatory Assessment/Treatment: No
Possible Ignition Interlock: Yes
Possible Vehicle Confiscation: Yes
Hardship License while license suspended: After 30 days
Open Container Law: For driver and passenger
These are highlights of the main provisions of New Jersey law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.
If you have been arrested for drunk driving in New Jersey, contact an attorney in your area to determine you rights and responsibilities.
Source: New Jersey Code 9-30-5
Punishment
In New Jersey DUI/OMVI/OVI
Cases
The sanctions
and penalties for each offense depend upon the prior criminal
record, traffic record, prior DUI convictions, level of alcohol,
and specific facts of the individual case. That's why it is so
important to contact a lawyer that concentrates on defending DUI,
OMVI, or OVI cases.
Note:
Because of the severity of these charges, consulting
a DUI defense attorney is critical.
DUI/OWI FACTS (DUI IS REFERRED TO AS OWI IN INDIANA):
• 1.5 to 2 million people in the USA will be arrested for DUI/OWI this year.
• Per the New Jersey Criminal Justice Institute:
• 40,000 people are arrested in New Jersey each year
• Approximately 110 people per day
• Almost 5 people every hour
• About 1 person every 12 minutes
• More people are arrested for DUI/OWI than for any other offense.
• The current .08 laws make every social drinker an easy target for arrest.
• Despite lower legal BAC levels, drunk-driving deaths have NOT been greatly reduced. In fact, they have
remained about the same for the past decade.
• Government agencies and private lobbying groups continue to make UNPROVEN claims that approximately
17,000 people each year are killed and 41% of all driving deaths are due to alcohol. Once analyzed,
the numbers tell a far different story.
• DUI/OWI is a multi-million dollar industry - courts, police, lawyers, abuse recovery, insurance companies
and lobbying groups make huge sums of money because of it.
IF YOU ARE ARRESTED FOR OWI IN INDIANA, THIS IS WHAT WILL HAPPEN:
• You will get handcuffed like a criminal.
• You will get fingerprinted like a criminal.
• You will have a mugshot taken like a criminal.
• You will go to jail like a criminal.
• Your vehicle will be impounded.
• Your license will be taken ON THE SPOT even before you are found guilty.
THE TWO BASIC CHARGES WITH AN INDIANA OWI ARREST
(YOU MAY BE CHARGED WITH OTHER COUNTS AS WELL):
• Operating A Motor Vehicle While Intoxicated.
• Driving with a BAC of .08 or above. The Per Se Law. Assumes Guilt.
• Triggers ALR - Automatic License Revocation.
THE POLICE CAN ARREST YOU:
• Even if you are not legally drunk.
• If they think you are too impaired to drive.
• No matter how little you have had to drink, or have had nothing to drink at all.
• Even if you haven’t had an accident.
• Even if you have caused NO damage to yourself, anyone else or their property.
A first drunk driving arrest is a misdemeanor, punishable by up to a year in jail and up to a $2,500 fine. In addition, your driver's license will be suspended for three to six months, depending on whether you took a breathalyzer test and failed it or refused to take a breath test. Many motor vehicle insurance companies will discontinue your coverage, based on a DUI conviction. Those companies that will insure you will only do so at a greatly increased premium.
More importantly, in New Jersey you only get one DUI conviction before the consequences increase exponentially. Your second DUI conviction will result in a revocation of your driver's license. If your license is revoked, you won't be able to get it back for at least two to three years, if ever.
If you have a commercial driver's license or need your vehicle for work, a DUI conviction could mean the end of your livelihood.
The consequences of a drunk driving conviction do not stop with the punishments provided by law. It is easy to see how important it is to protect your rights and have a lawyer that can fight to help you avoid the stigma and punishment that comes with a DUI conviction.
