East Brunswick DWI Lawyer

Experienced DWI Attorney in East Brunswick, NJ

A driving while intoxicated (DWI) charge can lead to serious long-term consequences. In addition to possible incarceration, you could be facing large fines, license suspension, community service, and other penalties. You need an East Brunswick DWI lawyer who can guide you through the process and advocate for your interests. With the help of an experienced DWI lawyer, you could negotiate for a lesser charge or enroll in a diversion program.

Hire a DWI Lawyer

It is important to have a clear plan when facing DWI charges. When you hire a DWI lawyer, you gain a strong advocate for your rights and interests. At Michael Rosas Law PC, our East Brunswick criminal defense lawyers have over 15 years of experience representing East Brunswick residents facing DWI charges. We understand that mistakes happen, and we’re not here to pass judgment. Our interest is in representing you through this difficult process.

Drunk Driving Fatalities in the United States

According to the State of Drunk Driving Fatalities Report published by Responsibility.org, drunk driving was the second leading cause of fatal motor vehicle crashes in 2022, accounting for 32% of all fatalities, a 0.7% decrease from 2021. In New Jersey, there were a total of 177 fatalities caused by alcohol-impaired driving, representing a 1.7% increase from 2021.

When facing a DWI charge in East Brunswick, your case is heard at the East Brunswick Municipal Court. DWI charges also come with an automatic license suspension if convicted. For first-time offenders, the mandatory license suspension can be replaced with the use of an ignition interlock device. License suspensions are handled through the New Jersey Motor Vehicle Commission.

Common DWI Defense Strategies

Many possible defense strategies could be used based on the specific circumstances of your case. Some common DWI defense strategies include:

• Illegal stop. Officers have to demonstrate that they had probable cause to initiate the traffic stop that led to your DWI charge. If the stop is not justified, the collected evidence is inadmissible.
• Contest the validity of field sobriety tests. Field sobriety tests are subjective and can produce inaccurate results if they are not administered properly. Many factors can affect how accurate these tests are and their admissibility.
• Use of non-standard field sobriety tests. If officers used non-standard field sobriety tests to justify an initial arrest, their use could lead to charges being dismissed.
• Procedural challenges. If there are issues with the initial arrest, such as a failure to read implied consent warnings or Miranda rights warnings, evidence may be inadmissible.
• Chemical testing issues. Chemical tests are accurate, but they have to be administered properly by someone trained in the correct procedure. Machines that have not been properly maintained or calibrated can return inaccurate results.

Penalties for a DWI in New Jersey

A DWI can be issued when someone is driving with a blood alcohol content (BAC) over 0.08% or under the influence of a habit-producing drug. Depending on the specific charges, several different penalties are possible. These penalties include:

• License suspension from three months to 10 years
• Fines from $50 to $1,000
• Incarceration from 48 hours to 180 days
• $230 to $280 Intoxicated Driver Resource Center fee
• $100 drunk driving fund surcharge
• $100 Alcohol Education and Rehabilitation Fund surcharge
• $1,000 to $1,500 a year for a three-year surcharge
• $75 Neighborhood Services Fund surcharge

You could also be required to complete community service hours, install an ignition interlock device on any vehicle you regularly drive, and complete programs at the Intoxicated Driver Resource Center.

FAQs

How Much Does It Cost to Hire a DWI Lawyer in New Jersey?

The cost to hire a DWI lawyer in New Jersey varies with the specifics of the case. Simple cases are often less expensive than more complex cases. Some lawyers charge based on a flat fee structure, while others charge an hourly rate. You are also required to pay a retainer fee before work begins on your case. Cases that proceed to trial are often charged an additional fee, making them more expensive than cases handled through negotiations.

Can a DWI Be Reduced in New Jersey?

Yes, a DWI can be reduced in New Jersey if there are weaknesses in the prosecution’s case. Prosecutors are prohibited from automatically offering a lesser charge during plea agreements. Instead, if the evidence is weak, the charge may be reduced to reckless driving. A reduced charge could allow you to retain your driving privileges and would not count as a prior offense should you receive another DWI charge.

How Can a Lawyer Help With a DWI Charge?

There are many ways a lawyer can help with a DWI charge. A DWI lawyer understands the DWI case process and the applicable laws that could affect your case. With this information, they can challenge the legality of the initial stop or the results of field sobriety tests or chemical tests. Your attorney can also identify weak areas of the prosecution’s case that may allow for reduced or dismissed charges.

What Is an Ignition Interlock System?

An ignition interlock system (IID) is a device installed on a vehicle that requires you to take a breathalyzer test before the car can start. You have to periodically perform a rolling retest while driving to demonstrate you are still sober. The information is collected and reported to the Motor Vehicle Commission. New Jersey requires the use of an IID after a DWI conviction or when refusing a chemical breath test.

Can I Refuse Field Sobriety Tests in New Jersey?

Yes, you can refuse field sobriety tests in New Jersey. Roadside field sobriety tests are voluntary, and you cannot face penalties for refusing them. After refusing, if officers suspect you are under the influence of alcohol or drugs, they can take you to the police station for a chemical breath test. Under New Jersey Implied Consent Laws, refusing a chemical breath test results in heavy fines and a mandatory license suspension.

Contact an East Brunswick, NJ DWI Lawyer at Michael Rosas Law PC

It can be overwhelming to handle a DWI charge without the support of an experienced East Brunswick DWI attorney. Our team can help you navigate this challenging process. Our goal is to help you achieve a favorable outcome while safeguarding your rights. Contact Michael Rosas Law PC today to schedule your confidential consultation.