Consequences of DUI

DUI/DWI is not just a routine traffic violation. Driving under the influence is treated as a serious criminal offense. Because, drinking and driving may lead to severe accidents that may leave people with serious injuries and sometimes take away lives.

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New Jersey DUI

DWI defense attorney from Jersey City, Mr. Joel Silberman¹ tells-“New Jersey has extremely tough laws for Driving Under the Influence (“DUI”), Driving While Intoxicated (“DWI”) and Refusing to take a Breathalyzer Test.  By Statute, even first time offenders are subject to a mandatory loss of license and potential jail sentences. These consequences can have a devastating affect on a person’s career and family responsibilities.”(Ref: The Law Offices Joel Silberman, LLC, http://www.joelsilbermanlaw.com/our-practice/dui-dwi-a-refusal/)

DUI and DWI both refer to the act of operating a motor vehicle under the influence of alcohol or other substances.

DUI/DWI Penalties

• Temporary impounding of your vehicle
• A fine of up to several thousand dollars
• Installation of an ignition lock that prevents your car from starting if you've been drinking
• Probation
• Possible jail time
• Revocation of your driver's license
• Community service
• Completion of substance abuse classes at your own expense

If you are a repeated offender or involved in an accident then the penalties increase substantially.

You may be charged with a felony

New York criminal defense lawyer,  Mr. Paul D. Petrus, Jr.², If you have previously been convicted of a DWI in New York in the last 10 years, you may be charged and convicted of a felony DWI. (Ref: The Law Offices of Paul D. Petrus Jr. & Associates P.C., http://www.petruslaw.com/practiceareas/dwi/)

If you have multiple prior convictions or if someone is injured in the accident, you may be charged with felony. If the accident resulted in a death, you can be charged with manslaughter or which can lead to imprisonment for years.

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1. Joel Silberman: Criminal Defense Attorney and Jersey City lawyer Joel Silberman focuses exclusively on Criminal Defense. Some of Joel’s most notable Adult and Juvenile cases involved charges related to Homicide, Gun Offenses, Aggravated Sexual Assault, Trafficking Narcotics, Fraud and Aggravated Assault. Call Joel at 201-273-7070 or Toll Free: 800-889-3129 or send e-mail at joel@joelsilbermanlaw.com. Office is located at 549 Summit Ave, Jersey City, NJ 07306. Visit http://www.joelsilbermanlaw.com/ for more information.

2. Paul D. Petrus, Jr.: 

Mr. Paul D. Petrus Jr. is a member of the New York State Bar Association and New York Association of Criminal Defense Lawyers. He is a practicing New York criminal defense attorney. Mr. Petrus works in federal and state courts. If you are looking for a Criminal Lawyer in NY, call Paul D. Petrus Jr. at 212.385.1961 / 212.564.2440 or you can e-mail at paul@petruslaw.com. Office is located at the Empire State Building, 350 Fifth Avenue, Suite 3601, New York, NY 10118. Visit http://www.petruslaw.com/ for more information.

New Jersey Court Upholds the use of Alcotest

On 18^th September, the state Supreme Court has passed the verdict that New Jersey can continue to use Alcotest, an alcohol breath test in drunken driving cases. More than a decade ago, Breathalyzer machines were replaced by Alcotest.

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Alcohol breath test which was suspended in 2006 came back into scene in 2008. Once again this time, the question over its reliability has been raised. But on 18^th September, the state Supreme Court has passed the verdict that New Jersey can continue to use Alcotest, an alcohol breath test in drunken driving cases. More than a decade ago, Breathalyzer machines were replaced by Alcotest.

In 2006, use of Alcotest was halted, but a 2008 Supreme Court decision called the test “generally scientifically reliable” and allowed it to be used, with some modifications.

This time defense lawyers claimed that the state didn’t comply with the 2008 order to revise the software on the machines and to create a searchable database of test results.

On 18^th September, Justice Jaynee LaVecchia wrote that Alcotest “remains scientifically reliable, and generates results that are admissible” to prove a driving-under-the-influence-of-alcohol violation. The challengers were not able to prove that the state “willfully refused to comply” with the court’s 2008 order.

Order passed in 2008 mandated several software modifications and required the state to create a database which could be accessed by defendants and attorneys. According to defense lawyers the database which state created was merely a collection of data that couldn’t be easily searched, but the court said that the database was “fully in compliance” with the order.

Deputy Attorney General Robyn Mitchell also told the justices that New Jersey has already started looking into a new breath test and as it would take some time to sync up with the current database, by the end of 2016 the current machines will get replaced with the new ones.

DUI Defense attorney Jersey City, Joel Silberman says, “New Jersey has extremely tough laws for Driving under the Influence (“DUI”), Driving While Intoxicated (“DWI”) and Refusing to take an alcohol breath Test.  By Statute, even first time offenders are subject to a mandatory loss of license and potential jail sentences. These consequences can have a devastating effect on a person’s career and family responsibilities.” (Ref: The Law Office of Jole Silberman, LLC,http://www.joelsilbermanlaw.com/our-practice/dui-dwi-a-refusal/)

Another required modification from the 2008 order pertained to women over age 60, who frequently aren’t capable of reaching the minimum breath volume of 1.5 liters. No woman over 60 can now be charged with refusing a breath test if Alcotest readings are the only evidence.

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Disclaimer: The contents of this page are general in nature. Please use your discretion while following them. The author does not guarantee legal validity of the tips contained herein.

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Joel Silberman: Criminal Defense Attorney and Jersey City lawyer Joel Silberman focuses exclusively on Criminal Defense. Some of Joel’s most notable Adult and Juvenile cases involved charges related to Homicide, Gun Offenses, Aggravated Sexual Assault, Trafficking Narcotics, Fraud and Aggravated Assault. Call Joel at 201-273-7070 or Toll Free: 800-889-3129 or send e-mail at joel@joelsilbermanlaw.com. Office is located at 549 Summit Ave, Jersey City, NJ 07306. Visithttp://www.joelsilbermanlaw.com/ for more information.