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DWI/DUI/DRUGS
DRIVING UNDER THE INFLUENCE OF DRUGS
Even if you do not consume alcohol, individuals who operate their motor vehicle can be stopped by the police, arrested, charged and convicted of Driving Under the Influence of Drugs. New Jersey law that prohibits DWI/DUI (alcohol) includes driving under the influence of “marijuana”, narcotics, habit-forming, hallucinogenics, heroin, Xanax and other opioids. To the surprise of many of our clients, the DWI law includes drugs that are lawfully prescribed by a medical professional. If convicted of DWI/DUI drug violations, the penalties are the same or more serious as those imposed for alcohol/DWI cases.
If a policeman executes a lawful vehicle stop and suspects drug use while driving, his protocol parallels an alcohol investigation pattern. If a police officer suspects that a drug DWI may have been committed, in addition to the usual sobriety tests, he may also request a blood or urine sample to corroborate the State’s case. It is important to note the “implied consent” law requires a driver to take a Breathalyzer test. You may refuse a blood test, however, the police can obtain a warrant to draw blood, but you can lawfully refuse to take a urine test. By refusing to take a urine test, the State will not have “evidence” of drugs in your system when you go to court. Additionally, a specially trained drug recognition expert “DRE” may take you through a series of tests designed to assist the prosecutor in the State’s goal of obtaining a conviction of DWI-drugs.
If you have been arrested for a DWI/DUI for alcohol or drugs, contact Fred Bor personally for a free consultation concerning the charge, your rights in court, and the best way to avoid a conviction that can have a devastating impact on your work, family and life. Schedule a free consultation from an experienced DWI/DUI/Drug attorney and former judge. Call Fred 24-7 at 856-795-3800 or my cell 609-220-6695.
FIRST OFFENSE
DWI/DUI FIRST OFFENSE
If this is your first DWI offense in New Jersey for driving while intoxicated there are many reasons why you need an experienced and aggressive New Jersey DWI attorney who is willing to fight for you and protect your rights. Being convicted of or pleading guilty to DWI will seriously affect your New Jersey driving privileges, your ability to obtain insurance in New Jersey at reasonable cost, and may possibly affect your ability to work. As your New Jersey DWI Attorney, I will do all that is possible to protect your rights including personally representing you in New Jersey court. I pledge to seek the best result possible based on the specific facts of your New Jersey DWI case.
The following are the first DWI/DUI penalties if you plead guilty or are found guilty at trial. Penalties vary according to Blood Alcohol Level (BAC) based upon a blood test or Breathalyzer. First New Jersey DWI offense with BAC of .10% or higher: you will lose your New Jersey license for seven months up to one year, face a $300 to $500 fine, have a mandatory IDRC stay of 12 to 48 hours with related fees and insurance surcharges of $1,000 a year for three years. You may also be required to spend up to 30 days in jail.
If your BAC is between .08 and .10 or you are charged with an observational DWI your can face loss of your New Jersey driver’s license for three months; pay a fine ranging from $250 to $400, mandatory 12 to 48 hour stay at an Intoxicated Driver Resource Center (IDRC) with related fees, and insurance surcharges of $1,000 a year for three years. You may also be required to spend up to 30 days in jail. There are significant differences between the two levels of a first DWI offense in New Jersey, especially with regard to the period of New Jersey license suspension. And, as you can imagine, the penalties and consequences if you have a prior DWI are extremely serious.
Call Mr. Bor today to discuss possible defenses to your charge and recognize that a DWI or drug offense can be successfully defended if you are represented by an experienced lawyer. 856-795-3800 or by cell at 609-220-6695.
REPEAT OFFENSES
DWI/DUI REPEAT OFFENSES
The following are the consequences for repeat DWI/DUI offenses. Penalties vary according to how many times you have been convicted in the past, regardless of your BAC in New Jersey, or if the conviction occurred in another State.
A second DWI offense within 10 years of the first DWI will also result in mandatory sentencing. You will lose your NJ driving privilege for at least two years, pay fines of $500 to $1,000, insurance surcharges of $1,000 a year for three years, mandatory IDRC stay of 12 to 48 hours with related fees, 30 days of community service, and a possible jail stay of 48 hours to 90 days.
Similar to the increased severity level from a first to a second DWI offense, a third charge, if convicted within 10 years of a second offense, includes very severe penalties. You will lose your NJ driver’s license for 10 years, a minimum $1,000 fine, insurance surcharges of $4,500 over a three year period, mandatory IDRC of 12 to 48 hours with related fees and county jail time of 180 days.
Caution: a DWI conviction, at any level, may include the imposition of an ignition interlock and double the penalties if the offense occurred in a school zone.
Call Mr. Bor today to discuss possible defenses to your charge and recognize that a DWI or drug offense can be successfully defended if you are represented by an experienced lawyer. 856-795-3800 or by cell at 609-220-6695.
BREATH TESTS
IN NEW JERSEY
In the event you have been justifiably stopped by the police and if you "fail" certain sobriety tests, there may be probable cause to arrest you for DWI. At the scene you will be handcuffed and placed in the back of a patrol car and taken to the police station where you will likely be asked if you are willing to take a test to determine your BAC which stands for “Blood Alcohol Content.” Prior, however, you will read a statement outlining your rights relative to the administration of the breath test. You have the option to refuse such a test but if you do there may be other consequences and penalties. Indeed in New Jersey, the majority of DWI prosecutions are undertaken utilizing the result of a breath test: your BAC. An experienced lawyer knows the workings of the breathalyzer (Alcotest) and is able to look for errors or inconsistencies, either internally or the manner in which the test is administered by the police officer. If a lawyer can convince the Judge that the results of the Alcotest are unreliable or inadmissable, then there may be an increased opportunity to win your case.
BLOOD TESTING
In New Jersey, blood tests are generally only given to test a person’s B.A.C. when the person has been taken to the hospital due to having been involved in a car accident. A thorough lawyer like Mr. Bor will examine whether the blood work was drawn properly, after consent to draw blood or a warrant was obtained. After blood has been drawn, there are necessary procedures that must be followed in order to be used at trial: protect the viability of the blood sample, chain of custody and verification of the results from the State Forensic Laboratory.
REFUSAL TO TAKE A BREATH TEST
Refusal to submit to breath testing is a separate violation of the DWI law and it is possible you can be convicted of both a DWI and a refusal, doubling the penalties.
1ST OFFENSE: REFUSAL
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Minimum (7) seven months to (1) one year loss of driving privileges in New Jersey
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$300.00 to $500.00 Fine
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12 to 48 hours IDRC (Intoxicated Driver Resource Center), which is an Alcohol Evaluation Class
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$200.00 DWI Surcharges
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Insurance Surcharge – $3,000.00 ($1,000.00 per year for three (3) years through the MVC)
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(9) Insurance Points Assessed
2ND OFFENSE: REFUSAL
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Two (2) years loss of driving privileges in New Jersey
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$500.00 to $1,000.00 Fine
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12 to 48 hours IDRC (Intoxicated Driver Resource Center)
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$200.00 DWI Surcharges
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Insurance Surcharge – $3,000.00 ($1,000.00 per year for three (3) years through the MVC)
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(9) Insurance Points Assessed
Call Mr. Bor today to discuss the defenses to a charge of Refusal. Mr. Bor has been successful many times with regard to a Refusal offense and has saved countless motorists from the harsh penalties associated with this offense. Please email me or call me now for a free legal consultation at 856-795-3800 or cell 609-220-6695.
DRIVER'S LICENSE/WORK
DWI WORK LICENSE ISSUES
One of the most common questions we receive from clients concerns whether New Jersey permits a work/hardship driver’s license if convicted of DWI. The answer in New Jersey is unfortunately no. Many times, as a Judge hearing DWI cases, Fred was required to impose mandatory license suspensions, even though the result would bring significant hardship to good citizens. Interestingly, approximately 30 other states allow work/hardship licenses but not New Jersey.
If convicted of DWI and you are a New Jersey driver, your license will be turned over at the hearing in court and you will be warned of the serious consequences if you are caught diving while serving a DWI suspension. If you are an out of state driver, a New Jersey judge can not take your license; only restrict your driving privileges in New Jersey.
Call Mr. Bor right now to discuss the facts of your New Jersey DWI case and your legal rights. Schedule a free consultation from an experienced DWI/DUI attorney and former judge. Call me 24-7 at 856-795-3800 or my cell 609-220-6695.
DRIVERS UNDER 21
UNDERAGE DWI/DUI
A substantial number of DWI arrests involve drivers under the age of 21. If you are under 21 and get a DWI in New Jersey, you are liable for mostly all of the same penalties as an adult. Indeed, since these drivers aren’t legally of age to consume alcohol, they may face more penalties than an adult drunk driver. Think about it, the law lessens the BAC level for underage offenders from the standard .08% to .01%. This .01% BAC is as little as one beer. If the BAC is higher than .01% the consequences and penalties become more serious. For example here are the penalties for underage DWI:
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.01 - .08 BAC: Those found guilty of having a BAC between .01 and .08 and operating a vehicle will lose their driving privileges for up to 90 days, participate in an alcohol and driver safety program, perform community service and pay $500 in fines.
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BAC Levels Above .08: When an underage driver has a BAC level above the legal limit for someone over the age of 21, there are serious penalties attached to the offense, similar to the consequences for an adult driver.
It is possible to beat a DWI charge, even if you are underage. DWI lawyers may be able to convince the Judge to throw out blood or breath test evidence, or question whether it was legal for police to pull you over in the first place. These are approaches that may lead to DWI charges being dropped or lowered to a less serious motor vehicle infraction.
The repercussions of an underage DWI can result in serious unexpected consequences. Penalties can amount to a suspension of your driving privilege, exorbitant fines and fees, and and a record of “drunk driving” as you are just starting out in life. In some ways the worst part of an underage DWI is not just the harsh penalty but the long-term effects. For example:
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Some colleges are allowed to ask about any DWI convictions on admissions applications. If this is so, you are required to disclose your DWI when applying. College admissions may take this into consideration and deny your acceptance because of it.
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Employers also ask about your driving record, particularly if you have had a DWI conviction. Again, you are required to disclose. You may be passed over for the job you are trying to obtain
You may also have youth on your side. A skilled DWI lawyer will make a case to the Prosecutor that your traffic offense was a single, foolish mistake. In some cases, the Prosecutor will consider dropping or reducing the charges simply so that they do not derail your life at a young age. None of these outcomes can be guaranteed. But DWI lawyers have a high success rate in helping underage defendants.
Mr. Bor offers a free consultation, fair legal fees and payment plans. Also Mr. Bor accepts all major credit cards, and will provide you with aggressive and experienced legal representation. Please contact me now for a free consultation at 856-795-3800 or cell 609-220-6695.
