Navigating the legal consequences of driving under the influence (DUI) can be a daunting experience, especially when it comes to understanding the specific regulations and requirements set by each state. In the state of New Jersey, one crucial aspect that individuals with DUI convictions must be aware of is the use of ignition interlock devices (IIDs). These devices are installed in the vehicles of convicted DUI offenders and act as a preventive measure to ensure that the driver is sober before operating the vehicle. Failure to comply with the regulations surrounding ignition interlock devices can result in additional violations and severe penalties. When facing interlock violations, a skilled New Jersey DUI lawyer can thoroughly examine the circumstances surrounding the alleged violations, analyze the evidence presented by the prosecution, and develop a strategic defense strategy tailored to the specific case. At Kugel Law Firm, our experienced New Jersey DUI attorneys may be able to challenge the accuracy of the interlock device, question the calibration of the equipment, or contest any procedural errors that may have occurred during installation or maintenance. Our team may be able to help you navigate the legal complexities, negotiate with prosecutors, and strive to achieve the best possible outcome according to your situation. Call us today at (973) 854-0098 to schedule a consultation. What is an Interlock Device?An ignition interlock device (IID) is a breathalyzer-like device that is connected to a vehicle’s ignition system. This device is meant to prevent a vehicle from being started if the driver has a blood alcohol concentration (BAC) higher than the pre-set limit, generally around 0.02% or 0.025%. The driver must blow into the mouthpiece, and if the IID detects alcohol, the vehicle will not start. Additionally, the interlock device requires periodic “rolling retests” while the engine is running to ensure that the driver remains sober throughout the drive. If alcohol is detected during a rolling retest, the car will not stop, but the alarm will continue to sound until the driver turns off the vehicle. New Jersey Interlock Device LawsIn New Jersey, individuals who are found guilty of their first DWI offense and have a blood alcohol concentration (BAC) above 0.15% must have an Ignition Interlock Device installed in their vehicle. This requirement also extends to those who refuse to take a breathalyzer test. Upon conviction for either DWI or refusal, the person is required to have the Ignition Interlock Device installed in their car starting from the suspension of their driver’s license. The device must remain installed for a period of six months to one year after the defendant’s license is reinstated unless their BAC reading is below 0.15%. In such cases, the court has the discretion to order the installation of the device for a period of six months to one year after the driving privileges are restored. For a second DWI or refusal conviction in New Jersey, the Ignition Interlock Device will be installed during the license suspension period and remain in place for one to three years after driving privileges are reinstated. The same requirement applies to a third DWI or refusal offense. Failure to comply with the court’s order to install the interlock device may result in an additional one-year suspension of driving privileges. It’s important to note that there are installation and monthly fees associated with the device that must be paid by the individual. Purpose of Interlock Devices in DUI CasesThe primary purpose of an ignition interlock device is to prevent intoxicated individuals from operating a motor vehicle, thereby reducing the risk of further DUI incidents and improving public safety. Statistics show that IIDs are effective in reducing DUI recidivism, as they provide a constant reminder to drivers that they should not drink and drive. Interlock devices also allow those convicted of DUI to maintain their driving privileges, albeit under strict conditions. This can be crucial for maintaining employment, attending school, and fulfilling family obligations, helping to minimize the personal and social costs associated with a DUI conviction. Finally, the use of interlock devices in DUI cases helps spread awareness regarding the severity of drunk driving consequences. Seeing someone use an IID serves as a cautionary example, reminding others of the potential penalties that come with driving under the influence. Consequently, ignition interlock devices serve not just as a preventive measure but also as a deterrent, promoting sober driving and overall road safety. Failure to Install an Interlock DeviceOne common violation is failing to install an IID when ordered to do so. This occurs when someone who has been ordered by a court or a state Department of Motor Vehicles (DMV) to install an IID does not comply with the order. Under the reformed DWI law in New Jersey, individuals who are convicted or plead guilty to driving under the influence of alcohol must install an interlock device in their vehicle, as outlined in N.J.S.A. 39:4-50. If someone owns multiple cars or has access to more than one vehicle, they are only required to install the interlock device in their primary vehicle. To ensure compliance, the person needs to fill out a form for the court, specifying the vehicle where the device will be installed. The court will also inform the Motor Vehicle Commission about the imposed sentence, prompting the Commission to issue a new license. This updated license will have a notation indicating to law enforcement that the driver must have an interlock device in their car. Failure to install the device and being caught driving will result in the court suspending the offender’s license for one year, in addition to any previous suspensions and penalties ordered by the judge. Attempts to Tamper with or Bypass the Interlock DeviceEngaging in any actions to bypass the breath testing requirement and start the car using a modified device would constitute a violation of NJSA 39:4-50.19. This specific statute addresses tampering and other activities that infringe upon its provisions. A conviction for tampering with or attempting to circumvent the mandatory interlock device can lead to severe consequences, including imprisonment and substantial fines. If charged with a disorderly persons offense related to ignition interlock, you may face up to six months in jail or a potential five-year probation, as well as fines up to $1,000.00. According to the statute, only the driver who is required to have the device installed should provide the breath sample, and tampering with the device to avoid driving with it is strictly forbidden. Additionally, lending, leasing, or renting a vehicle to someone who is obligated to drive with an interlock device is considered a violation of the law. Therefore, individuals who aid others in evading the interlock requirement not only put their own criminal record at risk but also face legal repercussions if caught. It is crucial to understand the legal consequences and potential penalties associated with tampering with or attempting to bypass an ignition interlock device. Complying with the law and adhering to the requirements outlined in NJSA 39:4-50.19 is essential to avoid criminal charges and ensure road safety. Failing the Rolling RetestOnce the initial test is successfully passed, the driver will be required to undergo an interlock rolling retest at random intervals while on the road. This rolling retest follows the same procedure as the initial breathalyzer test but takes place while driving. When the device indicates the need for a rolling retest, either through beeping or flashing on the screen, the driver must provide a breath sample. Typically, there is a time window of approximately seven minutes to complete the rolling retest, although specific requirements may vary depending on the state. It is essential to familiarize oneself with the guidelines specific to your state. Failure to comply with the rolling retest will be documented as a missed test, which can lead to a temporary prohibition from operating the vehicle. If the driver takes too long to provide the rolling retest breath sample, the device will emit various signals in accordance with state regulations. These signals may include flashing lights, honking the car horn, and activating an internal siren within the device. At this point, the driver will need to pull over and submit to a retest in order to stop the signals. Failing the retest at this stage will trigger a lockdown mode for the vehicle, preventing the driver from operating it for a predetermined period of time. Consequences and Penalties for Interlock ViolationsAlthough IIDs have been effective in reducing repeat DUI offenses, some individuals may not comply with the stipulations of the IID program, leading to further consequences and penalties. Failure to comply with a court-ordered installation of an interlock device in a motor vehicle owned, leased, or regularly operated by an individual will result in a one-year suspension of their driver’s license. This suspension is separate from any other suspensions or revocations imposed under R.S.39:4-50 unless the court determines a valid reason for non-compliance. Additionally, if an individual operates a vehicle with an interlock device installed by the court order and starts the vehicle using any method other than blowing into the device themselves, or if they drive a vehicle without such a device, their driver’s license will be suspended for one year. This penalty is in addition to any other applicable legal consequences. Moreover, certain actions will classify an individual as a disorderly person, including:
However, the provisions mentioned above will not apply if a person starts a motor vehicle that is required to have an ignition interlock device for safety or mechanical repair purposes, as long as the individual subject to the court order does not operate the vehicle. How to Avoid Interlock Device ViolationsInterlock devices are designed to help keep drunk drivers off the road. They require the driver to provide a breath sample before starting the vehicle, and periodically while driving to prevent others from providing the sample for them. If the breathalyzer detects alcohol in the driver’s system, the interlock device will not allow the car to start. Although these devices are beneficial for public safety, they can also cause issues for those required to use them. If not used correctly, the driver may face interlock device violations. Proper Installation and Maintenance of the DeviceOne essential aspect of avoiding interlock device violations is ensuring proper installation of the unit. Only authorized service providers should install the interlock device to ensure it is correctly connected to the vehicle. Improper installation can lead to false readings, malfunctioning, and potential violations. Besides installation, it is crucial to maintain the device properly. This maintenance includes regular calibration and inspection as required by the device’s manufacturer and state-approved. If the device is not maintained correctly, it may not function as intended, leading to false readings and potential violations. Understanding Device Operation and GuidelinesAnother important factor in avoiding interlock device violations is understanding how the device works and the guidelines for its use. For instance, some mouthwash, toothpaste, and other mouth products may contain small amounts of alcohol, which can cause false-positive readings on the breathalyzer. Understanding what can cause these false readings can help users avoid unintentionally consuming products that may cause problems with the interlock device. Additionally, drivers should educate themselves on the specific guidelines for using the device. This information may include how long they must wait after consuming alcohol before providing a breath sample. Some interlock devices may require the user to wait at least 15 minutes after drinking, eating, or smoking before providing a breath sample. By familiarizing themselves with these guidelines, drivers can avoid unintentional violations and ensure they are abiding by the proper use of the device. Seeking Alternative Transportation if Alcohol Consumption is PlannedIf a person who has an interlock device installed in their vehicle plans to consume alcohol, it is crucial to arrange alternative transportation. Options such as public transportation, taxi services, rideshare programs, or having a designated sober driver are all viable options to avoid attempting to start the vehicle while under the influence. This precaution will prevent any potential interlock device violations and keep the individual and others on the road safe. Completing Required Interlock Device TrainingIn New Jersey, the use of an interlock device also mandates that the individual complete a training program about the proper use and maintenance of the device. This training helps users understand how the device works, the legal consequences of not using it correctly, and the potential technical issues that may arise during its use. Completing training ensures that the individual is well-versed in the device’s proper use, and they are less likely to encounter problems that could lead to interlock device violations.
How Violations Affect Driving Records and InsuranceInterlock violations can have a significant impact on your driving record and insurance rates. When an interlock violation is reported, either by failing a breath test or circumventing the device, it can lead to an extension of the length of time you are required to use the interlock device, additional fines and penalties, or even a suspension of your driving privileges. Insurance companies utilize a person’s driving record as a factor in determining their insurance rates. A driver with multiple violations, including interlock device violations, is considered a higher risk to insure. As a result, the driver may experience increased insurance premiums or even a cancellation of their policy. Moreover, an interlock violation on your driving record may disqualify you from certain insurance discounts, such as those provided to drivers with clean records. Employment ConsequencesHaving interlock violations on your record can have a negative impact on your current and future employment prospects. Many employers conduct background checks that often include an evaluation of an applicant’s driving record. Interlock violations can be seen as a red flag, suggesting that a job applicant may not be dependable or responsible, which can result in being passed over for job opportunities. In some cases, employers may also view the violation as evidence of a potential substance abuse problem, which could raise concerns about the applicant’s ability to perform their job duties competently and safely. In addition to potential complications when seeking new employment, interlock violations can also have adverse effects on your current job. If your job involves driving or operating heavy machinery, having an interlock violation on your record could lead to disciplinary actions, such as being terminated or being reassigned to a position that does not involve driving as part of the job responsibilities. Long-Term Implications on Future DUI ConvictionsInterlock violations can have lasting implications on future DUI convictions or subsequent interactions with the criminal justice system. If you face another DUI charge in the future, the presence of previous interlock violations on your record may result in the courts viewing your case more harshly. This can lead to more severe penalties, such as longer jail sentences, higher fines, and additional requirements placed on your driver’s license. Additionally, the presence of interlock violations on your record may negatively impact your chances of securing a favorable outcome in legal proceedings related to substance abuse treatment or other rehabilitative measures. In these instances, a judge may be less inclined to recommend alternative sentencing options, such as probation or participation in a diversion program, due to the perceived risk associated with your prior interlock violation(s). Interlock violations can have long-lasting and detrimental effects on an individual’s driving record, insurance rates, employment prospects, and future legal proceedings. It is crucial to do everything you can to avoid violating the requirements of your interlock device, to prevent these negative consequences from affecting your life. How an Experienced New Jersey DUI Lawyer Can HelpHaving a skilled New Jersey DUI lawyer by your side can make a significant difference when dealing with interlock violations. The complexities and potential consequences of these violations require experienced legal guidance to protect your rights and achieve the best possible outcome in your situation. At the Kugel Law Firm, our knowledgeable New Jersey DUI attorneys may be able to thoroughly analyze the evidence, challenge the accuracy of the interlock device, and identify any procedural errors that could work in your favor. With our assistance, you can navigate the legal process, negotiate with prosecutors, and strive for a favorable resolution tailored to your specific case. Contact the Kugel Law Firm today at (973) 854-0098 to schedule a consultation. via Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/how-many-interlock-violations-can-you-have-in-new-jersey/
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If you get convicted of a DUI, the judge overseeing your case may require you to install an ignition interlock device, or IID, in your car. This arrangement gives many people the chance to keep some driving privileges after a DUI. An IID is a breathalyzer attached to your car’s ignition that doesn’t allow the vehicle to start unless you register a blood alcohol content level (BAC) below a certain amount. Even after your car has started, the IID will periodically check your BAC while you operate the vehicle. Ignition interlock devices are designed to be tamper-proof so that only the driver can use them. Ignition interlock devices can prove to be awkward and inconvenient. An experienced New Jersey DUI lawyer can help you understand your rights and options if you’re facing DUI penalties. At The Kugel Law Firm, we prioritize your best interests by providing dedicated support and quality legal services. To discuss your case, you can contact us at our New Jersey offices at (973) 854-0098 to schedule a consultation. Is an IID Mandatory in New Jersey?You may have to get an ignition interlock device installed in your car depending on the circumstances around your offense and whether you have multiple offenses. In New Jersey, a first-time DUI will require an IID if you own a vehicle for a minimum of 3 months and up to 7 months. You will also be required to install an IID if you refuse to take a chemical test at the time of your offense (9-15 months). What Happens if Someone Else Blows Into Your Interlock?The act of operating a vehicle without an interlock device, while your driving privileges are confined to vehicles with such devices, is considered a hybrid offense. This violation encompasses both traffic infractions and a category of crime often referred to as a disorderly person’s offense, similar to a misdemeanor in certain jurisdictions. A fine for a disorderly person’s offense can be as high as $1,000, imposing a considerable financial strain on the offender. It’s important to note that the same sanctions apply if someone requests another individual to blow into the interlock device for them. Both parties involved are deemed guilty of a crime and face corresponding penalties. The latest interlock devices come with cameras, and in jurisdictions that monitor these devices, the data will be sent to a central database for scrutiny. Some of these devices are equipped with cameras to record the identity of the individual using the device. These cameras, along with other enforcement tools, effectively support the implementation of this law. The intent behind these penalties and enforcement mechanisms is to underscore the importance of interlock devices in preventing drunk driving and ensuring adherence to driving restrictions. By imposing hefty fines and extended suspension periods, the legal system seeks to dissuade individuals from trying to circumvent the interlock requirement. If you have been charged with an additional violation after having an IID installed in your vehicle, getting the help of an experienced DUI attorney is crucial. Contact The Kugel Law Firm today to schedule a consultation. How Long Do You Have to Have an Interlock Device?If a New Jersey court requires you to install an IID, you must show proof of the installation before you can resume driving. For a first-time conviction, you can expect to have the device for 3 months up to 15 months. Can You Get an Interlock Device Exemption?New Jersey makes few exceptions to IID requirements. From the point of view of the state, ignition interlock devices are a small price for DUI offenders to pay to keep their driving privileges. You should talk to your DUI attorney to determine whether this exemption applies to you. Can You Drive a Different Car If You Have an IID?In New Jersey, you cannot drive any vehicle without an IID installed as long as your license requires you to use an IID while driving. There is no legal way to “get around” an IID requirement. In fact, tampering with an ignition interlock device or driving another car without an IID could result in your driver’s license getting suspended altogether. Your lawyer can help you navigate this situation without accidentally incurring more penalties.
When Can You Get Your IID Removed?Unfortunately, getting your IID removed isn’t as simple as it may sound. In New Jersey, you must first get a certificate from an IID vendor that confirms:
If the IID vendor doesn’t grant you the certificate, you may have to keep the device for another 1-3 months. If you have to remove the IID before the required time is over – for example, if your car gets totaled, sold, or impounded – you must notify the NJ Motor Vehicle Commission and get the device professionally removed, then install an IID on any new vehicles you own or use. A DUI attorney who is dedicated to your case can make every step of this process smoother for you. At The Kugel Law Firm, we look out for your best interests at all times. Schedule a no-risk case consultation with our leading DUI/DWI lawyers now. You can contact us at our New Jersey office at (973) 854-0098. via Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/when-do-you-have-to-install-an-ignition-interlock-device-iid-after-a-dui/ Driving under the influence (DUI) is considered a serious offense throughout the United States, including New Jersey. The state of New Jersey has adopted a strict stance against DUI offenses and imposes significant penalties on convicted individuals. As such, a common concern is the likelihood of facing jail time for a first DUI in New Jersey. However, while there is the notion that prosecutors are more lenient to first-time offenders, it is important to note that each case is unique, and various factors, such as blood alcohol content (BAC), presence of minors in the vehicle, and whether the driver caused property damage or injury, can greatly influence the outcome. Employing the help of a skilled New Jersey DUI attorney can help in navigating the legal complexities involved in your case. An attorney can carefully assess the case’s details, and develop a strong defense strategy. They can also provide clarity on potential penalties and work tirelessly to minimize the severity of the consequences. At The Kugel Law Firm, our team of experienced New Jersey DUI lawyers may be able to scrutinize the legality of the DUI stop and the accuracy of the sobriety tests conducted, potentially leading to reduced charges or case dismissal. Contact us today at (973) 854-0098 to schedule a consultation. Understanding DUI Laws in New JerseyDriving under the influence (DUI) in New Jersey refers to operating a motor vehicle while impaired by alcohol or drugs. This impairment signifies that a driver’s blood alcohol concentration (BAC) is above the legal limit, or their ability to safely operate a vehicle has been compromised by alcohol or drugs. For adult drivers (aged 21 years and older) and commercial drivers, the BAC limit is at 0.08% and 0.04% respectively. However, drivers under 21 years of age or commercial drivers are subject to lower limits: 0.01% BAC for underage drivers. Furthermore, New Jersey DUI laws also make it illegal to drive under the influence of any amount of a controlled substance, such as marijuana or prescription drugs, if it impairs your driving ability. The DUI laws apply to private and commercial drivers and boaters alike. Possible Charges and PenaltiesNew Jersey has strict penalties for DUI offenses, which increase based on the driver’s BAC level, the number of prior offenses, and other aggravating factors. Potential penalties might include fines, jail time, driver’s license suspension, and installation of an ignition interlock device. First OffenseIn New Jersey, the penalties for a first-time DWI offense vary depending on your blood alcohol concentration (BAC). However, for subsequent offenses, the penalties remain the same regardless of your BAC. If your BAC is between 0.08% and 0.10%, the initial punishment for a DWI offense includes:
For a first offense with a BAC level above 0.10% but under 0.15%, the subsequent penalties apply:
In the case of a first offense with a BAC level above 0.15%, the following penalties apply:
The penalties listed above are not exhaustive. For example, MVC will also issue a surcharge of $1,000 per year for three years, insurance rates may increase, or you can even be dropped from your insurance policy as a result of a DUI conviction. Refusal to submit to a breathalyzer test may also lead to additional penalties, such as license suspension, fines, and installation of an ignition interlock device for longer periods of time than described above.
New Jersey’s Implied Consent LawNew Jersey has an “implied consent” law, which means that drivers are deemed to have consented to a breath test when they obtain a driver’s license. Refusal to take a breath test is a traffic offense in New Jersey, and it may lead to penalties similar to those for a DUI conviction. According to the Implied Consent Law (N.J.S.A. 39:4-50.2(a)), if you operate a motor vehicle on any public road, street, highway, or quasi-public area in this State, it is understood that you have given your consent for the authorities to take samples of your breath. These samples will be used to conduct chemical tests and determine the alcohol content in your blood. However, this consent is valid only if the sampling is carried out following the provisions of this law and upon the request of a police officer who has reasonable grounds to believe that you have been driving a motor vehicle in violation of the law. Factors Affecting Jail Time for First DUIWhen an individual is arrested for driving under the influence (DUI), they face a range of potential consequences. For a first-time offender, the most significant concern is typically the amount of jail time they may serve. Several factors can influence a judge’s sentencing decision, including the specifics of the case and the degree of intoxication. This article will discuss the factors that may affect the amount of jail time for a first-time DUI offender. Level of Intoxication (BAC) and ImpairmentThe blood alcohol concentration (BAC) of an individual at the time of arrest plays a significant role in determining the penalties for a DUI conviction. In most cases, a BAC of 0.08% or higher is considered legally intoxicated. However, the severity of the charges and potential jail time can increase based on the level of intoxication. For those stopped for driving while impaired with drugs, the presence of prohibited drugs in the vehicle can also impact the sentencing given by the judge. Presence of Minors in the VehicleHaving children or minors present in the vehicle during a DUI arrest can significantly impact the penalties faced by a first-time offender. In New Jersey, committing a DWI offense with a minor passenger is considered a disorderly persons offense, similar to a misdemeanor. The potential consequences upon conviction include up to six (6) months in county jail, a $1,000 fine, a six (6) month suspension of the driver’s license, and five (5) days of community service. Judges often adopt a tough stance when dealing with DUI cases, and the presence of a child in the car only worsens the defendant’s situation. Long-Term Consequences of DUI ConvictionsA DUI conviction can significantly impact a person’s life beyond the immediate legal penalties. It’s important to remember that even if the possibility of incarceration is minimal for a first-time DUI conviction, the long-term consequences can still include penalties that can impact the following:
Getting the Legal Help of a Skilled New Jersey DUI LawyerThe possibility of facing jail time for a first DUI offense in New Jersey, although not guaranteed, is certainly a realistic outcome due to the state’s strict laws. Various factors, such as the degree of impairment, presence of minors in the vehicle, and any resulting harm or property damage, can significantly impact the final verdict. This emphasizes the gravity of a DUI charge, even for individuals with no prior convictions, and highlights the potentially life-altering consequences it may entail. For first-time offenders who are unfamiliar with the intricacies of DUI laws and court proceedings in New Jersey, navigating the system can be overwhelming. At The Kugel Law Firm, our team of New Jersey DUI attorneys may be able to negotiate plea deals or dismissals on your behalf, present arguments for reduced charges or penalties, and guide you through the entire legal process. Contact us today at (973) 854-0098 to learn more about how we can help. via Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/how-likely-is-jail-time-for-first-dui-in-new-jersey/ Driving offenses related to being “under the influence” are not just reserved for people who’ve consumed too much alcohol or taken recreational drugs. In New Jersey, police officers can charge you with a DUI even if the substance in your system is perfectly legal. In fact, you can be charged even if the medication you took was prescribed by your doctor. The law applies to over-the-counter pharmaceuticals as well as drugs prescribed by your physician, even if you’ve taken no more than the recommended dose. If you are facing the unfortunate circumstance of being arrested for driving under the influence, do not hesitate to contact our experienced New Jersey DUI defense lawyer for prompt assistance. At The Kugel Law Firm, we are experienced in handling such cases and can provide you with guidance to identify the strongest legal arguments for your defense. You can reach our New Jersey offices at (973) 854-0098 to schedule a consultation. New Jersey DUI Charges – Driving Under the InfluenceIn New Jersey, the charge for being under the influence of prescription drugs is classified the same as a DUI (Driving Under the Influence). This means you could be charged under exactly the same laws that apply to those who are drunk or have taken illegal substances. If you’re suspected of being under the influence, a police officer can ask you to take a blood or urine test to check which substances are in your system and at what concentration.
When Can You Drive on Prescription Medication?Is it legal to drive after taking prescription drugs? That depends on whether your prescription medication impairs your ability to safely operate a motor vehicle while you’re driving. That’s right – in the case of prescription or over-the-counter drugs, the law is not automatically broken just because a blood or urine test shows that you have it in your system. With medications, there’s no minimum blood alcohol content (BAC) level like there is with alcohol, where the result of the test alone is enough to lead to a criminal offense. But that doesn’t mean that you can’t break the law. To “safely operate” a vehicle, you must be alert and able to react to the conditions of the road, the weather, and any hazards. If the actual effects of your medication make you unable to safely operate a car, you could be charged even if you’ve taken the smallest possible dose. The outcome of your case ultimately comes down to the definition of “impaired.” When Does a Prescription Medication Make You Impaired?The truth is, whether a person is considered “impaired” or not is subjective. Five different people could well have five different opinions on where exactly the line is crossed. A police officer may use the following examples to argue that you’re impaired:
You could get a DWI charge if the arresting police officer witnessed these behaviors along with unsafe driving, such as weaving in and out of lanes or running intersections. You could face worse consequences if you’re actually involved in a collision or accident. How to Stay Safe When Driving and Using Prescription DrugsBased on the characteristics outlined above, the best way to keep yourself safe when driving is to carefully analyze the prescription drug that you are taking.
One warning that should catch your eye is if your pill bottle warns you not to operate heavy machinery. After all, cars are very large machines. It goes without saying that if you’re taking more than one prescription drug, you also need to understand the side effects when the drugs are taken together. Your doctor can provide you with the information you need to make the best decision for you. You should also ask your doctor whether they believe it would be appropriate for you to drive. You are the best judge of how your body reacts to a particular drug. However, you should give your body adequate time to actually react so that your assessment can be based on fact. Leaving time after taking a new drug also means you can assess how long any side effects last. Every person reacts and metabolizes substances differently. Driving on XanaxSimilar to other potent prescription medications, Xanax poses a significant danger to individuals who drive while under its influence. Many individuals who misuse Xanax often combine it with alcohol to amplify its effects, resulting in impaired judgment and compromised driving abilities. In accordance with the laws of New Jersey, operating a motor vehicle while under the influence of drugs that impact the central nervous system is considered illegal. Should you be pulled over by a police officer, and they determine that you are under the influence of Xanax, the state may proceed to arrest you and bring charges for Driving Under the Influence (DUI). Although law enforcement officers may face challenges in precisely identifying the influence of a specific prescription drug, many individuals who misuse Xanax often consume alcohol to enhance its effects, making it more noticeable to an observing officer. Typically, if an officer suspects a driver to be under the influence of a substance other than alcohol, they may seek the assistance of a Drug Recognition Expert (DRE). The DRE will inquire about the individual’s drug history, examine physical symptoms, and perform other assessments to detect the presence of any drugs that could impact the central nervous system. If the DRE is unable to definitively determine the drug involved, but there is substantial evidence indicating impaired driving, the police have the authority to arrest the individual and request a urine sample. If an officer requests a urine sample, it is advisable to seek the guidance of an experienced DUI defense lawyer to ensure that your rights are protected and to receive appropriate legal advice. When Should I Contact a Lawyer for a DWI?As you can see, there is no black-and-white rule when it comes to what is acceptable when driving under the influence of prescription drugs. In many cases, the issue of impairment comes down to the police officer’s testimony against yours. But the truth is that the prosecution has a high bar to meet in prescription drug cases. They have to show beyond reasonable doubt that your ability was impaired. That’s not easy. But you do need a great lawyer to help you analyze the evidence to your advantage. As soon as you can make a phone call, you should contact an attorney who specializes in representing clients against DUI charges in New Jersey. A DUI lawyer can help you identify the best legal arguments in your defense. Schedule a no-risk case consultation now with the DUI attorneys at The Kugel Law Firm. You can contact us at (973) 854-0098 to schedule a consultation. via Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/can-you-get-a-dui-for-driving-on-prescription-medication/ Have you ever wondered if it’s legal to drive after taking prescription drugs? The answer is not as straightforward as you may think. While it’s possible to legally drive after taking certain prescription drugs, you can also be charged with driving while intoxicated (DWI) if the substance impairs your ability to safely operate a vehicle. This applies not only to prescription drugs but also to over-the-counter medications like NyQuil. If you or a loved one has been charged with a DWI after consuming prescription drugs, it’s crucial to seek legal help from an experienced New Jersey DUI lawyer. At The Kugel Law Firm, our team of skilled New Jersey DUI attorneys may be able to help you understand your rights, review possible defenses, and work towards the best possible outcome for your case. Call us today at (973) 854-0098 to schedule a consultation. Can You Get a DUI for Prescription Drugs in New JerseyIn recent years, the enforcement of prescription drug DUI laws in New Jersey has increased to combat drugged driving. As a result, police officers have become more vigilant in identifying and stopping individuals suspected of being under the influence of drugs. Despite common misconceptions, prescription drugs can lead to a DUI arrest in New Jersey, even if they were lawfully prescribed. The penalties for a prescription drug DUI conviction can include losing driving privileges, hefty fines, and jail time. Anyone charged with a prescription drug DUI in New Jersey should be aware of the state’s laws and potential consequences. Seeking legal counsel is recommended, and being well-informed can help navigate the situation more effectively. New Jersey’s DUI definition is not limited to alcohol, as driving while impaired by prescription drugs is also illegal under state law (N.J.S.A 39:4-50). A DUI offender is defined as someone who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drugs. Some prescription drugs are considered narcotics under the law. To be convicted of a prescription drug DUI, it must be proven beyond a reasonable doubt that the drugs were in the driver’s system during the traffic stop and arrest, and that their driving was potentially hazardous due to the medication’s consumption. Specific prescription drugs that can be considered intoxicating under the law include cough syrup, sleeping aids, antidepressants, allergy medication, painkillers, and muscle relaxants. Even if these drugs are legally prescribed, it does not exempt someone from DUI charges. If unprescribed drugs are found in the vehicle during the arrest, additional charges, such as illegal drug possession, may also be brought against the driver.
Getting the Help of an Experience New Jersey DUI LawyerDriving under the influence of prescription drugs is a serious offense in New Jersey, and the consequences can be severe. If you or someone you know is facing DUI charges involving prescription drugs, it is essential to seek legal counsel from an experienced New Jersey DUI lawyer. New Jersey DUI attorney Rachel Kugel and The Kugel Law Firm have a proven track record of success in handling DUI cases and are dedicated to providing personalized, aggressive representation to protect your rights and best interests. Contact us today at (973) 854-0098 to schedule a consultation and learn more about your options for defense. via Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/is-it-legal-to-drive-after-taking-a-prescription-drug/ In New Jersey, law enforcement utilizes strict guidelines on DUI/DWI traffic stops. A police officer can conduct a traffic stop if they perceive that a driver is exhibiting impaired driving behavior. The New Jersey Division of Highway Traffic Safety imposes a Drive Sober or Get Pulled Over campaign to prevent impaired driving accidents. Strict adherence to the BAC limits when driving is required. While New Jersey law is unique in that a DWI conviction would not go on your criminal record, it doesn’t mean that the consequences for being charged and convicted are any less severe. Individuals who are convicted of a DWI can face expensive fines, mandatory installation of an ignition interlock device, license suspension, and revocation, as well as extensive jail time. If you have been charged with a DUI in New Jersey, it is crucial to seek the help of an experienced New Jersey DUI lawyer. At the Kugel Law Firm, we offer quality legal services to individuals who have been charged with impaired driving offenses in New Jersey. Our attorneys provide compassionate but aggressive legal representation. Call us today at (973) 854-0098 to learn more about how we can help. Legal Alcohol Limits in New JerseyIn New Jersey, drivers are subject to different blood alcohol concentration (BAC) thresholds depending on the type of driver they are. While the legal limit for most drivers is .08%, some drivers can be charged with driving under the influence (DUI) even if their BAC is lower than .08%. Implied Consent LawsNew Jersey law follows the rule of implied consent. This means that anyone who chooses to drive in the state is assumed to have given their consent to a breath or chemical test used to determine their BAC levels. If they are stopped or arrested due to suspicion of driving while impaired, drivers are assumed to have given their consent to BAC tests. If a driver suspected of a DWI refuses a breath test they may be subject to harsher penalties than those who willingly subject themselves to the breath test. Additional penalties can include a longer license suspension period, longer interlock requirement, and fines. There are defenses to refusal to submit to a chemical test, an experienced DWI lawyer can review the facts of your case and determine if any defenses exist. Drivers 21 Years Old and AboveFor drivers who are 21 years old or older and legally allowed to drink alcohol, the BAC limit is .08%. If you are found with a BAC of .08% or higher, you may be charged with a DUI, and the charges and fines you face will increase proportionally to your BAC level upon arrest. For a first-offense DUI in New Jersey, there are different penalty tiers based on your alleged BAC reading at the time of the traffic stop:
The penalties for each tier may vary but typically include license suspension, installation and mandatory use of an Ignition Interlock Device depending on the tier of the offense, potential jail time, and mandatory participation in IDRC classes. For first offenses, the penalties for each tier are as follows. Tier IDrivers convicted of a Tier I offense can be subject to license suspension until an IID is installed. Defendants may also be required to use the IID for at least three months. In addition, they can spend up to 30 days in jail and be required to attend Intoxicated Driver Resource Center (IDRC) classes anywhere from 12 to 48 hours. Defendants would also be required to pay fines as determined by the court. A defendant may be required to pay up to $400 aside from court fees. Additional fees can include a $230 IDRC fee, a payment to the Drunk Driving Enforcement Fund as well as the Alcohol Education and Rehabilitation Fund (AERF). Additional surcharges including $1000 annually must also be paid to the Motor Vehicle Commission along with a $75 fee to the Neighborhood Services Fund. Tier IIDrivers convicted of a Tier I offense can be subject to license suspension until an IID is installed. Defendants may also be required to use the IID for at least seven months. In addition, they can spend up to 30 days in jail and be required to attend IDRC programs anywhere from 12 to 48 hours. As well as the imposition of monetary fines and surcharges as in Tier I. Tier IIITier III offenders may face a mandatory license suspension of up to 6 months and the use and mandatory installation of an IID during the suspension period and up to 15 months after their license has been reinstated. Like in a Tier II offense, defendants are also required to attend IDRC programs for up to 48 hours and may be subject to a 30-day jail sentence. Defendants convicted of Tier II and Tier III DUI can also be required to pay a $300 – $500 fine along with a $125 DWI surcharge and court fees. Fees of $50 to the Victims of Crime Compensation (VCCO), $230 to the IDRC, and $100 each to the DDEF and the Alcohol Education and Rehabilitation Fund (AERF) can also be required. Additional surcharges including $1000 annually must also be paid to the Motor Vehicle Commission along with a $75 fee to the Neighborhood Services Fund. Penalties for DUI convictions can increase with each subsequent offense and how often a person is convicted during a specific time period. Regardless of the tier or the number of previous convictions, you need to get the help of a skilled New Jersey DUI attorney who can advocate for your rights. Call The Kugel Law Firm today at (973) 854-0098 to speak with one of our qualified attorneys. Drivers Below 21 Years OldDrivers who are under 21 years old and therefore not legally allowed to drink alcohol must adhere to a zero-tolerance policy. If an underage driver is caught driving with any BAC level, they may face charges for underage DWI. The charges and penalties will vary depending on the driver’s age and BAC level at the time of the arrest. Underage drivers with a BAC level below 0.07% may be subject to a suspension of their driver’s license for up to 90 days, as well as 30 days of mandatory community service, attending an IDRC class, and completing a highway safety program. If the underage driver is convicted while under the age of 17, the suspension will be applied once they reach the age of 17. If an underage driver has a BAC of .08% or higher, they will be prosecuted as an adult. Additionally, if an underage driver is found to be in possession of alcohol, they may face a suspension of their driver’s license if they are convicted. Commercial Driver’s License HoldersDrivers who hold a Commercial Driver’s License (CDL) must adhere to a stricter BAC limit while operating a commercial vehicle. If a CDL holder is caught driving a commercial vehicle with a BAC level of .04% or higher, they may be charged with a DUI. However, if the CDL holder is driving a non-commercial vehicle, such as their personal vehicle, they will be subject to the regular BAC limit of .08%. If a CDL holder is convicted of DUI, in addition to penalties imposed on their personal license they will also lose their CDL for a minimum of one year. Other Aggravating ConditionsIf you are charged with a DWI with a person under the age of 17 in the car, you may be subjected to an additional disorderly persons offense under N.J.S.A. 39:4-50.15 or DWI with a Minor. Penalties include up to six months in county jail, a $1,000 fine, license suspension of up to six months, and community service. Depending on the circumstances, you may also be charged with Endangering the Welfare of a Child (N.J.S.A. 2C:24-4). Impaired Driving OffensesRegardless of your BAC, you may still be charged with a DUI if the officer conducting your traffic stop determines that your driving behavior is a risk to yourself and to others. This determination is due to the fact that the effect of alcohol can be subjective depending on factors such as a person’s physiology and alcohol tolerance. Even if a driver’s BAC falls below the limit for their driver category, they can still be charged with a DUI. You are likely to be pulled over under the Drive Sober or Get Pulled Over if you exhibit the following behavior while driving:
The arresting police officer can administer a field sobriety test to determine whether the person is indeed driving while impaired. It is important to remember that the impairment measured in this case is whether a person’s driving ability and judgment are the same as that of a sober person. While a field sobriety test is not enough to convict, prosecutors can use the results of the tests to support the argument that the person was driving while impaired. Importance of Hiring a Skilled New Jersey DUI LawyerFacing DWI charges in New Jersey can be an uphill battle. Aside from the legal penalties mentioned, the repercussions of a DWI conviction can have a significant effect on a person’s professional and personal life. Even though a DWI conviction will not show up on criminal records, a license suspension or revocation can leave you unable to go to work. Some employers may outright deny you employment if you have been convicted of or are convicted of a DWI. For commercial drivers, a DWI conviction can make it more difficult to find job prospects. If you are in the midst of a custody dispute, a conviction on your record can affect being granted visitation and custody rights of your children. For professional license holders, you may be subject to disciplinary action depending on the standards of your license board. Most license boards can have strict penalties for those who have exhibited negligence on the safety of others. You may be required to undergo counseling or rehabilitation programs and to prove that the DWI conviction is the result of an isolated incident. Professionals who can be subjected to these standards can include doctors, teachers, pharmacists, nurses, pilots, attorneys, and other professions which require looking after the welfare of others. Hiring a lawyer who is not only well-versed in the relevant laws but who can also work with you in helping you understand the legal implications of your charges and your rights is important. There are no options to reduce or mitigate DWI charges in New Jersey. While that may be the case, your attorney can still take a careful look at the evidence surrounding your case and establish a tailored legal strategy that can secure the best possible outcome. Working with Top-Rated New Jersey DUI Attorney Rachel KugelBeing convicted of a DWI in New Jersey can have long-standing consequences. Understanding your rights and responsibilities under the law is important especially when it comes to the legal alcohol limit for your driver category. If you have been charged with DWI in New Jersey, seek the help of an experienced attorney as soon as you can. The Kugel Law Firm is a highly-rated law firm in New Jersey composed of legal professionals who have dedicated their careers to defending the rights of persons charged with drunk driving offenses. Led by top-rated DWI attorney Rachel Kugel, the firm is committed to providing quality personalized legal defense strategies to achieve the best possible outcome for its clients. You don’t have to navigate your charges alone – the team at The Kugel Law Firm is here to help. Contact us today at (973) 854-0098 to speak with one of our skilled attorneys. via Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/what-is-the-legal-alcohol-limit-in-new-jersey/ Charges of DUI in New Jersey can lead to serious legal consequences such as restrictions on your ability to drive, suspensions on your license, the installation of an ignition interlock device on your vehicles, and imprisonment if you are convicted. The repercussions of a DUI conviction can affect not only your personal life but also your professional prospects. DUI charges can sometimes be dismissed if you have the assistance of an experienced New Jersey DWI attorney. A skilled attorney can help you understand the impact of your charges and represent your best interests in court. At The Kugel Law Firm, we thoroughly investigate the cases we handle, which allows us to build a personalized legal defense. We understand the severity of DUI charges and work hard to represent our clients’ best interests. Our trial-ready attorneys are available for a consultation. Call (973) 854-0098 today to schedule a free strategy session today. Is It Possible To Negotiate a Plea Bargain for a DUI Charge in New Jersey?A plea bargain is an agreement between the prosecutor and the defendant regarding the terms of the case. In a plea agreement, the defendant agrees to plead guilty to lesser charges than the original charges in exchange for the more serious charges being dismissed. In some instances what is meant by “bargain” is where a defendant pleads guilty to the original charge in exchange for lesser penalties during sentencing. For these cases, the prosecutor will recommend the minimum sentencing penalties, but it is up to the judge if they choose to follow the prosecutor’s recommendations. While plea bargains happen regularly in the New Jersey criminal justice system, some charges such as DWI cannot be commuted or mitigated. Also, a DUI/DWI charge in New Jersey is treated as a quasi-criminal offense, meaning that, while it does not go into a defendant’s criminal history, the penalties upon a conviction can still be severe. In 2005, the state issued guidelines regarding how the prosecution should treat DWI charges as well as DWI charges wherein the defendant refused a chemical test. In the interest of uniformity in the prosecution of these charges in New Jersey, defendants charged under N.J.S.A. 39:4-50 (the impaired driving statute) and N.J.S.A. 39:4-50.2 (the statute concerned with the refusal of the BAC test) are not to be given the opportunity to use a plea bargain to reduce or commute their charges. One of the limited exceptions to this rule is when a defendant has been charged with both a DWI and a test refusal charge on a second or subsequent offense court may be open to allow a dismissal of the refusal charge if the defendant pleads guilty to the DWI. In cases where there are multiple charges levied against the defendant and these charges are not related to the DWI or not a charge under statutes limiting plea bargaining, a prosecutor may offer to commute the charges or dismiss them. While using a plea bargain and commuting DWI charges have been prohibited by the law, it is still possible to get a DWI charge dismissed or reduced when there is a legal reason to do so. If there is a breach in the protocol or lack of evidence that could lessen the chances of a prosecutor making a case against the defendant, the prosecutor can dismiss the DWI charges with the approval of a judge. This would not be a “plea bargain” and therefore can be accepted under the right circumstances. The rate of dismissal for DUI charges in New Jersey in 2018 was 24% which is double the rate of dismissals in 2008. There is a one in four chance that your charges would be dropped. To further increase your chances of a dismissal, seeking the help of an experienced DWI attorney who can thoroughly investigate the circumstances of your case to identify any inconsistencies is important. Contact The Kugel Law Firm today to learn more about how we can help and to schedule a free strategy session. Elements of a DUI/DWI ChargeThe elements in a legal charge are the factors that the prosecution must prove beyond a reasonable doubt. In a DWI case, the following circumstances must be proven to convict the defendant successfully.
Aside from these two elements, the defense can also challenge other facts of the case such as the legitimacy of the traffic stop, whether the arresting officers did the proper procedure, whether the field sobriety tests were administered properly, and how the court handled the case. At The Kugel Law Firm, top-rated DWI attorney Rachel Kugel is familiar with the ins and outs of a DWI charge. Our team of legal professionals can help you understand your charges and represent your best interests in court. Schedule a free strategy session today. Possible Defenses to New Jersey DUI ChargesWhen trying to get a charge dismissed, the defense can challenge the legal basis of the charges or the facts of the case itself. This can be done through careful investigation and scrutiny of the evidence and the statements of the defendant as well as the arresting officers, among other things. Possible defenses can include: Lack of Probable CauseThe New Jersey Constitution prohibits conducting illegal and unreasonable searches and seizures. When you get pulled over by law enforcement, they must have probable cause as to why they are making the traffic stop. Probably cause means that there is a reasonable suspicion that a crime has been committed or that you were committing a motor vehicle offense when you were stopped. If the probable cause cannot be established, any evidence gathered through the arrest is considered “fruit of the poisonous tree” and will be inadmissible in court. Thus the charges can be dismissed. Violations in the Arrest ProtocolDefendants in a DWI case have to be read their Miranda rights when an arrest is being made. It is also important that the person being arrested is clearly informed that they are under arrest. If the defendant is not read their rights upon the arrest can cause any evidence gathered in custody to be inadmissible in court. Miranda rights are a requirement upheld by the US Constitution. For instances of a test refusal, defendants should also be read an implied consent warning in a language they understand. Challenging the EvidenceThe breath test, the chemical test, the field sobriety test, and even the arresting officer’s recollection of the arrest can all be challenged as part of the defense. If the tests were administered incorrectly or if there are circumstances that caused a false positive, it can serve as a viable challenge to the prosecution’s case. In New Jersey, law enforcement officers need a certification to be able to administer a breath test. If the arresting officer does not have the necessary and current credentials, it can nullify the results of the breath test and render this evidence inadmissible. Breath tests are also required to be calibrated and information regarding the foundational documentation must be provided to the defense during the discovery period. The same thing applies to field sobriety tests. Only tests approved by the NHTSA have been studied and found to be meaningful in determining the merits of a DWI prosecution. The use of non-standardized sobriety tests, while not banned, often do not carry much evidentiary weight. The tests should also be conducted in a well-lit area with no debris around. The defendant’s physical constitution should also be able to withstand the test. Attributes like being overweight, over a certain age, or suffering with physical limitations or medical issues should be taken into consideration by the officer evaluating these tests. The defense is also welcome to introduce its own evidence. What seems to be red eyes due to being intoxicated can be a result of allergies. What the arresting officers observed as impaired driving behavior can be a result of an underlying medical condition. Additional corroboration by a medical expert or a specialist may be necessary for these circumstances. Legal InadequaciesThe prosecution is required to provide evidence relevant to the DUI/DWI charges as part of the discovery process. If this is not followed, the defense can file a motion to force the prosecution to produce the evidence. If they still do not comply with the court’s order, the case may be dismissed entirely. The defendant also has the right to a speedy trial. DUI/DWI cases are supposed to be resolved within 60 days. Any delays caused by the prosecutor which cause the case to surpass this threshold can be used as grounds to dismiss the charges. Depending on the circumstances of your specific DUI/DWI case, a different defense could be more applicable. At The Kugel Law Firm, we provide quality legal counsel and representation and work diligently to investigate and build the best defense strategy applicable. We understand that a DWI conviction can have long-standing consequences on a person’s life. You don’t have to face your charges alone. Contact us today at (973) 854-0098 to schedule a consultation. via Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/how-do-you-get-a-dui-dismissed-in-new-jersey/ Will you have to install an ignition interlock device if you are convicted of a New Jersey DWI?3/14/2023 Under the new DWI law that went into effect in December of 2019, an ignition interlock device is now mandated as a DWI penalty in pretty much every sentence, whether 1st, 2nd or third offense, the length of time that you need to have can vary, and whether one can drive once installed is also a variable which will depend on the person’s record, (whether this is a first, 2nd or third offense) as well as their blood alcohol content (whether it is below .15 or above .14, or involves drugs or whether there’s a refusal). So there are factors that can impact whether one can drive with it and for how long one will have to have it installed. There’s also a provision for those individuals who do not own a motor vehicle. Those people can have a prompt license suspension rather than an ignition interlock in most circumstances. So the law is definitely better than it was before 2019 from New Jersey drivers, but it’s still really complicated. It is important to understand your exposure which is based on so many factors that can impact it. For those reasons, you should definitely speak to a New Jersey DWI lawyer as soon as possible. Ignition Interlock Devices in New JerseyAn ignition interlock device is mounted on the dashboard in front of the passenger seat. It is connected to the car’s ignition system and designed to prevent the vehicle from starting if alcohol is detected on the driver’s breath. Before starting the engine, the driver must blow into the device and provide a breath sample. While the engine is running, the device will intermittently prompt the driver to submit additional breath samples to verify that there is no alcohol in the driver’s system. Every motor vehicle owned, operated, or leased by a DUI offender in New Jersey must have an ignition interlock device installed until the court-ordered license suspension period expires. Upon being sentenced to install an ignition interlock device, the offender receives a suspension notice from the Motor Vehicle Commission containing instructions for obtaining the device. The ignition interlock device must remain functional in the offender’s vehicle during and after the license suspension period, which is a minimum of six months to one year for a first DWI conviction and a minimum of one to three years for subsequent convictions. If the convicted person wishes to remove the device from their vehicle, they must surrender their driver’s license. Operating any vehicle that does not have an ignition interlock device before the indicated period is over is prohibited under New Jersey’s DWI law. Failure to comply with the rules may result in the offender’s driver’s license being suspended for one year and other penalties as applicable by law. At The Kugel Law Firm, our skilled New Jersey DWI attorneys, led by top-rated DWI attorney Rachel Kugel, can assist you if you have been ordered to install an IID device as part of your conviction. Our attorneys have the experience and knowledge needed to walk you through your rights and responsibilities and advocate for your best interests. To learn more about how we can help, contact us today at (973) 854-0098 to schedule a consultation. via Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/will-you-have-to-install-an-ignition-interlock-device-if-you-are-convicted-of-a-new-jersey-dwi/ A portable breath screening test is very different from the chemical test that you’re given at a police station after arrest. and it’s typically something that the officer carries with them and is given or offered at the roadside, as opposed to at a police station later. It’s a different type of chemical test that’s not covered by the refusal statute, so you can choose to refuse that test without any additional penalties. If you have been pulled over and offered a portable breath screening test, a DUI lawyer can help you determine whether it’s in your best interest to refuse or take the breathalyzer test. At The Kugel Law Firm, our team of New Jersey DUI attorneys may be able to help you analyze the circumstances of your arrest and investigate any potential issues with the test or arrest procedure. This includes determining if the officer had probable cause to stop you and if the test was administered accurately. Call us at (973) 854-0098 to schedule a consultation. Difference Between Portable Breath Tests and Standardized Field Sobriety Tests In New JerseyIn New Jersey, there are two commonly used methods for determining whether a driver is under the influence of alcohol without a chemical test: Portable Breath Tests (PBTs) and Standardized Field Sobriety Tests (SFSTs). While both tests measure a driver’s level of intoxication, they are administered differently and serve different purposes. Knowing the differences between these two tests is critical when it comes to understanding penalties for DUI charges. Portable Breath Test In New Jersey, police officers employ the use of a Portable Breath Test (PBT) to obtain a reading indicating the level of intoxication of a suspected drunk driver. However, the results obtained from PBTs cannot be used as evidence of intoxication in court trials. This is due to the fact that admitting PBTs as evidence have not been discussed in a Frye hearing, which is a judicial proceeding where a judge determines whether a particular “scientific” evidence is generally accepted in the scientific community. Because of this limitation, law enforcement officials seldom disclose PBT readings in their reports as evidence. Instead, they use the results as a guide to determine whether an individual should be charged with driving under the influence (DUI), particularly in situations where the suspect’s impairment appears to be borderline. Standardized Field Sobriety Tests The National Highway Traffic and Safety Administration (NHTSA) endorses the Standardized Field Sobriety Tests (SFSTs), which are administered by police officers to measure impairment and correlate to a blood alcohol concentration (BAC) of over .08%. The SFST consists of three parts: the horizontal gaze nystagmus, the one-leg stand, and the walk-and-turn. To ensure reliability, it’s crucial to understand that the components of the SFST must be administered consistently according to prescribed instructions. Trained officers are taught to identify specific indicators when evaluating a person’s test performance, and the tests themselves do not have a strict pass/fail outcome but rather “decision points” to assist officers in determining satisfactory performance. Refusing to take the SFSTs is not mandatory, much like the PBT, but a judge may interpret refusal as a sign of guilt. Whether or not you accept to take a portable breath screening test during your traffic stop, an experienced New Jersey DUI attorney can assist you in building a tailored legal defense strategy against your charges. At The Kugel Law Firm, our DUI attorneys have dedicated their practice to providing quality legal counsel and representation to New Jersey residents charged with impaired driving offenses. Contact us today at (973) 854-0098 to schedule a free consultation. via Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/can-i-refuse-to-take-a-portable-breath-screening-test-in-new-jersey/ In New Jersey, there’s no such thing as a traditional conditional or hardship license or privilege. If convicted of a DWI/DUI, it used to mean a hardcore suspension regardless of whether it was a first, 2nd, or third DWI offense. However, the law changed in December of 2019. And now if you have a first offense DWI/DUI and a blood alcohol reading of less than .15 you’ll actually be allowed to install and maintain an ignition interlock device and once installed, the department of motor vehicles will give you a special interlock license that will allow you to drive without any conditions on time or place during the pendency of the installation requirement. So once the device is actually removed, you’ll be able to go back to motor vehicles and get your full regular license without any interlock requirement. So, after 2019, the law at least as to first offenders got a lot freer in terms of your ability to drive even after a DWI/DUI conviction. It can still be confusing and tough to navigate the system to get the best result and avoid a lengthy interlock requirement. In addition, there are defenses that exist that could save you from the DWI/DUI conviction(and the collateral consequences that go with it) altogether. Getting the assistance of a knowledgeable New Jersey DUI attorney can provide you with a sense of comfort when dealing with your case. At Kugel Law Firm, we have a team of experienced DUI attorneys who can guide you through the legal process of your DUI case. They possess the required expertise and legal knowledge to construct a robust legal defense to ensure the best possible result for your case. To book a free strategy session, please call (973) 854-0098. Ignition Interlock: Installation and DurationIn the event that an individual is convicted of their first DUI offense, they may be obligated to install an ignition interlock device for a period of six (6) months to one (1) year upon the restoration of their driver’s license. However, if their blood alcohol content (“BAC”) level is 0.15% or higher, they will be required to install the device for a mandatory period of six (6) months to one (1) year after their license has been restored. In the case of a second or subsequent offense, the installation of the ignition interlock device is mandatory for the entirety of the license suspension period, as well as one (1) to three (3) years following license restoration. In the event that an individual or their family member is mandated to install an ignition interlock device, it is required that every motor vehicle which is owned, leased, or regularly operated by the offender be equipped with a Breath Alcohol Ignition Interlock Device (BAIID). The Breath Alcohol Ignition Interlock Device (BAIID) must be approved and certified by the Chief Administrator of the New Jersey Motor Vehicle Commission. The device is calibrated to have an alcohol set-point of 0.05% breath alcohol concentration, which is the threshold at which the ignition is locked. Engaging in any actions that aim to tamper with the device is strictly prohibited, as it can lead to severe consequences such as facing charges in both criminal and civil courts. If you are facing DUI charges in New Jersey, our team of experienced DUI attorneys at Kugel Law Firm can defend your rights and assist you throughout the legal process. To book a consultation free of charge, please contact us at (973) 854-0098. via Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/can-i-get-a-conditional-license-if-im-convicted-of-a-new-jersey-dwi-dui/ |
AuthorDon't let a DWI or DUI charge ruin your future. Get the help you need to protect your rights and fight for a favorable outcome. Contact the Kugel Law Firm today at (973) 854-0098 to schedule your free consultation and start exploring your options. With Rachel Kugel on your side, you can have confidence that your case is in good hands and that you're doing everything possible to achieve a positive outcome. FIND US ONLINE Bitly Box Diigo Dropbox Evernote Postach.io Histre Inoreader Instapaper Nimbus OneDrive Onenote Raindrop.io Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Map linktr.ee Yelp Avvo Related Links About.me Behance.net Dribbble.com taplink.at Gravatar.com Carrd.co Minds.com Justpaste.it issuu.com bio.link Solo.to ArchivesNo Archives Categories |