New Jersey DUI Frequently Asked Questions (FAQ)

Here are a few questions that I routinely get asked about DWI/DUI charges. However, please feel free to call or email me any other questions that you might have.

Am I going to serve jail time for a DWI/DUI conviction?

It is very unlikely on a first offense. However, the law does provide for "up to 30 days" in jail for your first offense. If you are convicted on second offense, it is possible you may face between 2 and 90 days in jail. A third offense has mandatory jail time of 6 months if you are found guilty.

How much does it cost to hire you?

This depends entirely on the facts of your case. In most cases, a DWI/DUI charge is also accompanied by many other traffic citations, requiring further work. Sometimes DWI/DUI matters require multiple court appearances as well as hearings. The facts of your specific case enables me to determine what my fee will me. I do most DWI/DUI cases on a flat fee basis. Moreover, my fees are affordable. Please see my fees page here.

Can I beat a DWI/DUI charge at trial?

Yes, it is always possible to beat a DWI/DUI charge. Again, it depends entirely on the facts of your case.

What happens if a refused to take a breath test?

You are required to take a breath test as part of New Jersey's implied consent law. You will be fined and receive an automatic license suspension of 7 months for refusing to submit to a chemical BAC test. For a second offense refusal, the license suspension period is 2 years. For a third offense refusal, the license suspension period is 10 years.

What is the format and cost for the Alcohol

Education classes?

The place for required alcohol education/awareness classes after a DWI/DUI charge is New Jersey's Intoxicated Drivers Resource Centers (IDRC). For a first offense DWI/DUI, you will be ordered to take between 12 and 48 hours of education/awareness classes, with each session usually being divided up into 2-6 hour increments, costing $100. For second and third DWI/DUI offenses, you almost inevitably will be ordered to take the maximum hours of education/awareness classes.
You will also be evaluated by New Jersey's Intoxicated Driver Program (IDP) unit who can require additional training or treatment at their discretion.

Here is a link to the list of local IDRC Intoxicated Drivers Resource Centers across New Jersey.

What is the Alcotest 7110?

The Alcotest 7110 is the machine that has been approved by the New Jersey Supreme Court to provide reliable breath samples in alleged drunk driving cases. (State v. Chun) This machine is a significant change from the old Breathalyzer machine that was previously used. The most significant difference between these two machines is the Alcotest leaves very little room for operator error- in that it is computerized. The old Breathalyzer machine relied heavily on the machine operator in determining what a persons blood alcohol level (BAC) was. The Alchotest calculates a person's BAC and digitally reports it. However, the Alcotest does require an operator to follow stringent procedures as adopted by the New Jersey Supreme Court. These procedures dictate how an operator must administer the Alcotest to obtain a valid breath sample; how the machine should be calibrated; how breath samples should be averaged to calculate a true BAC; and what an acceptable margin of error is.
It is important to note that legal issues in all DUI cases are extremely complex and require both knowledge and experience to properly handle.

If I refuse to give a breath sample, can I still be issued with a DWI offense?

Yes. In addition to be charged with a Breath Refusal, you can still be also charged with the separate offense of DWI/DUI. Police Officers can issue you a DWI/DUI summons based on observations. Through the totality of all the circumstances, an Officer can conclude that you were driving under the influence of alcohol by observing such things as: erratic driving; the smell of alcohol on your breath; roadside sobriety tests; and any other factor that might indicate that you were driving under the influence as determined by an Officer's experience and training. A conviction of both DWI/DUI and a Breath Refusal will run consecutively. This means you can lose your driving privileges for potentially 14 or more months if you are convicted of both a DWI/DUI and a Breath Refusal as a first time offender. (7 months for the DWI/DUI, and minimally 7 months for the Breath Refusal charge.)

Can I get a DWI/DUI charge if I was simply sitting in my car, with the engine running, after a night of heavy drinking?

Yes. Very simply, a person can be charged with a DWI/DUI if that person "operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit producing drug, or operated a motor vehicle with a blood alcohol concentration of .08% or more. . ." (39:4-50) The Supreme Court of New Jersey has ruled that a person who "enters a stationary vehicle, on a public highway or place devoted to public use, turns on the ignition, starts and maintains the motor in operation, and remains in the driver's seat, behind the steering wheel, with the intent to move the vehicle. . ." can be charged with a DWI/DUI. [See State v. Sweeny 40 NJ 359 (1963)] The Courts have ruled that a person's "intent" to move a vehicle can be determined by a trial court by analyzing the circumstances surrounding the situation.

Is an anonymous call to 911 reporting a suspected intoxicated driver on a roadway sufficient to give the police probable cause to stop the driver in question?

In short, yes. The New Jersey Supreme Court has held that anonymous calls by "citizen informants" can give the necessary probable cause for the police to stop a suspected drunk driver. However, the informant must show an unmistakable sense that he or she witnessed the ongoing offense, and that offense is implicating potential serious injury to a particular person or the public at large. The caller must place the call close to the time of his or her observations, and must provide a sufficient quality of information to the police such as the a description of the vehicle, location of the vehicle, as well as any other detailed information. [State v. Golotta 178 NJ 218 (2003)]

I do not have a New Jersey license, and I was charged with DWI in New Jersey, should I be worried?

Yes, you should be worried. New Jersey is a member of the Interstate Driver's Compact, in which major violations in New Jersey are reported to member states. Although New Jersey cannot take your out-of-state license, it can report your DWI/DUI conviction to your home state, and it your home state that would suspend our license. You would still be required to pay New Jersey any fines and fulfill any other penalties imposed.

What happens if my license was suspended for DWI/DUI and I choose to drive anyway?

If you are caught, you are facing a mandatory jail sentence of at least 10 days, up through 90 days, an additional license loss of 1 year, and a $1000 fine. These penalties are usually non-negotiable.

Does New Jersey offer Hardship Licenses if I lose my license for a DWI/DUI?

No.

The Police pulled my over for no reason, can they do that?

No. The police must have "reasonable, articuable suspicion" that a traffic violation has occurred before the can stop a motor vehicle. Traffic violations can range from unclear plates, expired registration, speeding, swerving etc.

I am going to represent myself in court, can I do that?

Yes, you can represent yourself. However, I would not recommend it when you are facing a DWI/DUI charge that could carry extensive penalties and even jail. Please understand that it is the Prosecutor's goal is to obtain a conviction; his job is not to help you out. As I would contend, DWI/DUI is a complex area of the law. Without the proper training and experience, it would be impossible to adequately represent yourself. All too often have I witnessed defendants essentially "burn" their case by attempting to represent themselves, even when they had a great defense to their case.

I had a DWI conviction 30 years ago, is that still relevant?

Yes, and No. The DWI statute provides that if there is a 10 year span between a person's first and second offense the second offense would constitute a "First" DWI offense for sentencing purposes. For example, if a person had a DWI conviction in 1980, and a subsequent conviction in 2010, the 2010 conviction would be treated as a "First" DWI offense for sentencing purposes. However, if the same person obtained another DWI conviction in 2011, this would constitute a "Third" DWI offense because there would NOT have been a 10 year span between that person's second and third DWI offenses, which is required by statute. (See State v. Burroughs, 349 N.J. 43 (2002) which clarifies this rule.)

However, pursuant to State v. Laurick, a jail penalty for a third and subsequent DWI conviction can be eliminated if it is proven that a defendant was not given the right to obtain an attorney, or did not affirmatively chose not to obtain an attorney before pleading guilty to previous DWI. Laurick issues can be complex; to obtain relief under Laurick, a specific procedure must be followed.

I was charged with DWI after being in a one car accident in which the police subsequently came to the scene. The police never saw me drive my vehicle and never gave me sobriety tests however, they did take a blood sample. Can I get the DWI charge easily dismissed?

These cases are very complex. In short, if under the totality of the circumstances, for instance, the police officer smells alcohol on your breath, and you are exhibiting any other signs of being under the influence of drugs or alcohol, the police officer can charge you with DWI. If the blood test comes back with a blood alcohol concentration (BAC) indicating you were over the legal limit, the State can obtain a DWI conviction.

If I am convicted of DWI at trial, can I appeal my conviction?

Yes, and appeal must be filed within 20 days.