New Jersey DUI Defense Attorney

At Putterman Legal, our New Jersey DWI attorney is a strong, experienced, and solutions-focused advocate for justice. Drunk driving is a serious offense. A conviction can lead to a wide range of adverse consequences, including the loss of your license and incarceration. If you or your loved one was arrested for a DUI/DWI, we are here to help. Contact us today for a fully confidential consultation with a top-rated DUI defense lawyer.

An Overview of DUI Charges in New Jersey

Driving under the influence (DUI) may also be referred to as driving while intoxicated (DWI) in New Jersey. A DUI/DWI charge is prosecuted under N.J.S.A. 39:4-50. The statute makes it unlawful to operate a vehicle while under the influence of alcohol, narcotics, hallucinogens, or with a blood alcohol concentration (BAC) of 0.08 percent or higher. However, a first-time DWI in New Jersey is technically not a criminal offense. Still, though classified as a traffic offense, penalties can be severe, including incarceration. Here are some key points to know about DUI charges in New Jersey: 

• Legal Standard for DUI: A driver may be convicted if their BAC is 0.08 percent or higher, or if the State proves they were “under the influence.” That means a DUI/DWI could be charged even without a chemical test. Commercial drivers face a lower threshold (0.04). Drivers under 21 face a zero-tolerance policy for a DWI charge. The legal limit in New Jersey is 0.08 percent for most drivers. However, the legal limit is lower for certain drivers, including those under 21 and commercial vehicle operators. A police officer can arrest you for drunk driving even if your blood alcohol content is below the legal limit if they believe you are impaired.
• Implied Consent and Refusal Offenses: The mere act of operating a motor vehicle in New Jersey means drivers give implied consent to breath testing. Refusing the Alcotest is a separate violation under N.J.S.A. 39:4-50.4a. Refusal carries automatic penalties, including the administrative suspension of your driver’s license. When you refuse to take a breath test, you face separate penalties that are independent from the underlying DWI charge. These separate penalties can include license suspension, fines, and installation of an ignition interlock device. Many drivers do not realize that refusing a breath or blood test often results in harsher consequences than taking the test.
• Mandatory Penalties: DUI/DWI penalties vary based on your history of offense, or lack thereof. First-time offenders face fines, license suspension, Intoxicated Driver Resource Center (IDRC) participation, and ignition interlock installation. A second offense within ten years brings mandatory jail, a one-to-two-year suspension, and extended interlock use. A third offense carries 180 days in jail and an eight-year suspension. You could also face more serious penalties for a DUI/DWI in New Jersey if there is an aggravating factor in your case, such as if you caused a serious crash while under the influence.

Understanding Breath Test Procedures in New Jersey

The breath test is the most common method law enforcement officers use to measure blood alcohol content in New Jersey DWI cases. New Jersey uses the Alcotest 7110 device, which is the state’s approved breath testing machine. Understanding how this device works and the procedures officers must follow is important for your defense.

How the Breath Testing Machine Works

The breath testing machine used in New Jersey measures the amount of alcohol in your breath and converts it to an estimated blood alcohol concentration. The device requires proper calibration and maintenance to produce accurate results. Our law firm knows how to challenge the reliability of breath test results when the original breath testing machine was not properly maintained or calibrated.

Breath test results can be inaccurate for many reasons. Medical conditions, residual mouth alcohol, radio frequency interference, and improper administration can all affect the accuracy of the test. Our DWI defense attorney understands these issues and knows how to challenge faulty breath test results in court.

Field Sobriety Testing and Its Limitations

Before administering a breath test, police officers typically conduct field sobriety testing at the scene of the stop. These tests include the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. However, field sobriety testing is subjective and can be affected by factors unrelated to intoxication.

Field sobriety testing qualifications are required for officers to properly administer these tests. If the officer who stopped you lacks proper advanced training or did not follow standardized procedures, the results may be challenged. Our defense attorneys review the field sobriety testing procedures used in your case to identify any errors or violations.

Many factors can affect field sobriety testing performance, including age, weight, physical conditions, nervousness, and weather conditions. A poor performance on these tests does not always mean you were intoxicated. Our experienced attorney knows how to challenge the validity of field sobriety testing results.

Blood Test and Alternative Chemical Testing

While breath test procedures are most common, law enforcement officers may also use blood and urine testing in certain situations. A blood test is typically used when a driver is unconscious, injured, or when drugs other than alcohol are suspected.

When Blood and Urine Testing Is Used

Blood and urine testing provides more detailed information about substances in your system. A blood test measures actual blood alcohol concentration rather than estimating it from breath. However, blood test procedures must follow strict protocols to ensure accuracy and protect your rights.

For blood and urine testing results to be admissible, the collection, storage, and analysis must follow specific procedures. Any break in the chain of custody or improper handling of samples can make the results unreliable. Our law offices work with forensic experts to review blood test procedures and identify any problems that could help your case.

Drug Recognition Evaluation

When police officers suspect drug impairment rather than alcohol, they may conduct a drug recognition evaluation. This evaluation involves a series of tests performed by an officer with specialized training. The drug recognition evaluation process includes checking vital signs, pupil size, and muscle tone to determine if drugs are present.

A drug recognition evaluation is highly subjective and requires advanced training to perform correctly. Our DWI lawyers know how to challenge the findings of a drug recognition evaluation by questioning the officer’s training, the procedures used, and the reliability of the observations made.

Defending Against New Jersey DWI Charges

Every DWI case is different, and the right defense strategy depends on the specific facts of your situation. Our law firm has handled hundreds of DWI cases throughout New Jersey counties and knows the common issues that arise in these prosecutions.

Challenging the Traffic Stop

One of the first things our DWI defense team examines is whether the police officer had legal grounds to stop your vehicle. Officers must have reasonable suspicion of a traffic violation or other unlawful activity to make a stop. If the stop was illegal, any evidence obtained afterward may be suppressed, which could lead to your case being dismissed.

Common reasons for traffic stops include speeding, weaving, running a red light, or equipment violations. However, if the officer’s stated reason for the stop is not supported by the evidence, we can challenge the legality of the stop and potentially get your DWI charge thrown out.

Questioning Breath Test Accuracy

As mentioned earlier, breath test results are not always accurate. Our DWI defense attorney thoroughly reviews the breath testing procedures in your case, including calibration records, maintenance logs, and the officer’s training records. If we find any problems with how the breath test was administered or maintained, we use this information to challenge the results.

The breath testing machine used in New Jersey has been the subject of numerous legal challenges over the years. Our law offices stay current on all developments in DWI law and use this knowledge to build the strongest possible defense for our clients.

Examining Field Sobriety Testing Administration

Field sobriety testing must be conducted according to standardized procedures to be reliable. Officers must have proper field sobriety testing qualifications and advanced training to administer these tests correctly. Our defense attorneys review video footage and police reports to determine if the officer followed proper procedures.

If the officer deviated from standard procedures or lacked proper training, the field sobriety testing results may be unreliable and inadmissible. This can significantly weaken the prosecution’s case and may result in reduced charges or dismissal.

License Suspension and Your Driving Privileges

One of the most immediate consequences of a DWI arrest is the potential loss of your driving privileges. License suspension periods vary depending on whether this is your first offense and your blood alcohol concentration at the time of arrest.

Administrative License Suspension

When you are arrested for DWI, you may face an administrative license suspension even before your case goes to court. This suspension is separate from any license suspension that may result from a conviction. If you refused a breath test, the administrative suspension begins immediately and lasts seven months for a first refusal.

Our law firm can help you challenge an administrative license suspension and may be able to get you a temporary permit while your case is pending. Time is important, so contact our law offices as soon as possible after your DWI arrest.

Ignition Interlock Device Requirements

An ignition interlock device is now required in almost all New Jersey DWI cases. This device connects to your vehicle’s ignition system and requires you to provide a breath sample before starting the car. If the device detects alcohol, the vehicle will not start.

The ignition interlock device must be installed at your expense and maintained throughout the required period. First-time offenders typically must use an ignition interlock device for the duration of their license suspension and for a period afterward. Repeat offenders face longer ignition interlock device requirements.

Getting Your Commercial License Back

If you hold a commercial license, a DWI conviction can be especially damaging to your livelihood. Commercial drivers face stricter standards and longer license suspension periods. A DWI conviction may disqualify you from holding a commercial license for one year or more, even if the offense occurred in your personal vehicle.

Our DWI lawyers understand the special challenges faced by commercial drivers and work to protect your commercial license and your career. In some cases, we may be able to negotiate outcomes that minimize the impact on your commercial license.

Municipal Court Proceedings for DWI Cases

DWI cases in New Jersey are heard in municipal court, not Superior Court. Each municipality has its own municipal court that handles traffic offenses and DWI offenses. Understanding how municipal court works is important for anyone facing a DWI charge.

What to Expect in Municipal Court

When you appear in municipal court for your DWI charge, you will stand before a municipal court judge who will hear the evidence and determine your guilt or innocence. Unlike more serious criminal cases, DWI cases in municipal court do not involve juries unless you specifically request a jury trial.

The prosecution will present evidence including police officer testimony, breath test results, field sobriety testing observations, and any video footage from the stop. Your DWI defense attorney will have the opportunity to cross-examine witnesses and present evidence in your defense.

The Possibility of Getting Your DWI Dismissed

While it is not easy to get a DWI dismissed, it is possible under certain circumstances. Cases can be DWI dismissed when the prosecution cannot prove their case beyond a reasonable doubt, when evidence is suppressed due to constitutional violations, or when technical defenses apply.

Our law offices have achieved many cases where charges were DWI dismissed or significantly reduced. Success depends on thorough investigation, knowledge of DWI law, and aggressive representation. We examine every aspect of your case to find weaknesses in the prosecution’s evidence and opportunities to get your DWI dismissed.

Jury Trial Option

Although most DWI cases are heard by a municipal court judge, you have the right to request a jury trial in Superior Court. A jury trial involves presenting your case to a jury of your peers who will decide whether the prosecution has proven you guilty beyond a reasonable doubt.

The decision to pursue a jury trial is strategic and depends on the specific facts of your case. Our DWI defense attorney can advise you on whether a jury trial is the right choice for your situation. A jury trial can be beneficial when the facts are sympathetic or when technical defenses are likely to resonate with jurors.

Prior Conviction and Enhanced Penalties

If you have a prior conviction for DWI, the penalties for a subsequent offense are significantly more severe. New Jersey law treats second and third DWI offenses as progressively more serious, with longer license suspension periods, higher fines, and mandatory jail time.

Second DWI Conviction

A second DWI conviction within ten years of a prior conviction brings enhanced penalties. You face two to 90 days in jail, a two-year license suspension, 30 days of community service, installation of an ignition interlock device, and participation in the Intoxicated Driver Resource Center program.

The separate penalties for a second offense are substantially higher than for a first offense. Insurance rates will increase dramatically, and you will face additional costs for the ignition interlock device and other requirements.

Third and Subsequent Offenses

A third DWI conviction carries the harshest penalties. You face 180 days in jail, a ten-year license suspension, completion of the Intoxicated Driver Resource Center program, and installation of an ignition interlock device after your suspension ends. The fines and surcharges can total thousands of dollars.

If you have prior offenses, it is especially important to have experienced legal representation. Our DWI lawyers know how to challenge the prosecution’s evidence and protect your rights, even when facing enhanced penalties.

DWI Defense Strategies We Use

Our law firm employs a variety of defense strategies depending on the circumstances of your case. Every DWI case presents unique challenges and opportunities for defense.

Procedural Defenses

Many DWI cases can be defended based on procedural violations. If law enforcement officers did not follow proper procedures when conducting the stop, administering tests, or processing your arrest, evidence may be suppressed. Our DWI defense team carefully reviews every step of your arrest to identify procedural errors.

Common procedural defenses include challenging the legality of the traffic stop, questioning whether the police officer had probable cause to arrest you, and examining whether your rights were properly explained to you.

Technical Defenses

Technical defenses focus on the reliability of the evidence against you. This includes challenging the accuracy of the breath testing machine, questioning the validity of field sobriety testing, and examining the chain of custody for blood test samples.

Our law offices work with forensic experts who can testify about problems with testing procedures and equipment. These technical defenses can be highly effective in getting charges reduced or DWI dismissed.

Constitutional Defenses

Your constitutional rights must be protected throughout the arrest and prosecution process. If police officers violated your rights, any evidence obtained as a result may be suppressed. Common constitutional violations include illegal searches, failure to provide Miranda warnings, and denial of your right to counsel.

Why Trust New Jersey DUI Defense Lawyer Bonnie Putterman

Arrested for a DUI? You may have a lot of questions about what comes next. For many people, a DUI charge is their first real encounter with the law. Bonnie Putterman is a New Jersey criminal defense attorney who puts people first. Our client testimonials show what we can do in DUI cases and other criminal matters. Along with other things, our New Jersey DUI defense lawyer is ready to: 

• Hear your story and answer questions about your DUI case
• Investigate the drunk driving arrest, gathering supporting evidence;
• Represent you in any correspondence with police and prosecutors; and
• Take whatever legal action is needed to raise the strongest possible defense.

Our Approach to DWI Defense

We begin every case with a thorough review of all evidence and circumstances. Our DWI defense attorney examines police reports, video footage, breath test records, and all other documentation related to your arrest. We look for weaknesses in the prosecution’s case and opportunities to challenge the evidence.

Throughout the process, we keep you informed and involved in decisions about your case. We explain your options clearly and help you make informed choices about how to proceed. Our goal is always to achieve the best possible outcome for your situation.

DUI Charges in New Jersey: Frequently Asked Questions (FAQs)

Contact Our New Jersey DUI Defense Lawyer Today

At Putterman Legal, our New Jersey DUI defense attorney is committed to putting clients first. A DUI charge is a serious matter. You need a lawyer. If you were arrested for drunk driving or drugged driving, we can help. Contact us today at (609) 625-8383 for your completely confidential, no obligation initial consultation. We defend DUI charges throughout all of New Jersey.