The state of New Jersey takes DWI offenses very seriously and has some of the strictest DWI laws in the nation. Any DWI conviction, even a first-time DWI conviction, can leave you with a traffic violation record, loss of driving privileges and/or the installation of an Interlock device in your car, jail time, mandatory insurance surcharges and significant fines.
Under New Jersey’s DWI laws, any driver having a blood alcohol level (BAC) that is 0.08 percent or more could be charged with DWI/DUI. The penalties for New Jersey DWI cases are based on a range of variables such as whether it’s the first or a repeat offense, severity, whether or not there was an accident, other persons involved in the incident and more. New Jersey DWI penalties can also be based on prior traffic convictions, the extent the BAC is higher than the legal limit, as well as circumstances that led to the conviction.
Nobody in New Jersey should face DWI charges alone. At Lustberg Law Offices, New Jersey DWI criminal defense lawyer Adam M. Lustberg and our team of experienced criminal defense attorneys have dedicated our careers to the aggressive defense of those who have been charged with a New Jersey DWI offense. If you have been charged with a DWI in New Jersey, we put our vast experience as skilled New Jersey DWI lawyers to work for you to ensure that you get the best defense possible.
To schedule a consultation, call us today at (201) 880-5311.
Unlike many other states, drunk driving or DWI is not considered a criminal offense in New Jersey but is a traffic offense. Someone who has been charged with a DWI violation is not entitled to a jury trial, but a judge will be the one deciding the outcome and determining the penalties. However, penalties for breaking the DWI laws are still serious and increase depending on the number of prior offenses, the amount of substance in the driver’s system, and other factors relating to the circumstances and charges.
Resolving a DWI is restricted, according to the DWI law in New Jersey. This means that prosecution cannot downgrade charges by engaging in plea agreements. This is why it is vital for you to have drunk driving lawyers who can skillfully get charges dismissed or fully make use of the other remedies available to you.
At Lustberg Law Offices, DWI attorney Adam M. Lustberg and our experienced New Jersey DWI lawyers understand the DWI laws in New Jersey. Our team of skilled criminal defense attorneys also understand the challenges you will face after being charged with a DWI. We have dedicated our careers to the aggressive representation of those who have been charged with a DWI. With our firm in your corner, you can rest assured that you are getting the most skilled representation possible to ensure your best outcome.
To schedule a free initial consultation, call us today at (201) 880-5311.
According to the DWI laws in New Jersey, driving while intoxicated (DWI) or driving under the influence (DUI) are the same thing. Both terms are often used interchangeably. Violations are covered under New Jersey statutory law N.J.S.A. 39:4-50.
This statute defines a DWI offense as anyone:
When there is evidence that an individual has a blood alcohol concentration of 0.08% or more, New Jersey law presumes that they are intoxicated. This is referred to as DWI.
New Jersey state law requires that any driver that has been pulled over for suspected impaired driving must submit to a breath test. A refusal of a breath test is possible, but this breath test refusal will result in a separate motor vehicle offense with generally the same penalties as would have been imposed for a DWI conviction.
If you have been charged with a DWI, having the assistance of a skilled New Jersey DWI criminal defense attorney is essential. At Lustberg Law Offices, DWI attorney Adam M. Lustberg and our team of skilled criminal defense lawyers can help you achieve peace of mind.
To know more information about how we can help, call us today at (201) 880-5311 to schedule a consultation.
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
In New Jersey and throughout the United States, the standard legal limit of BAC is 0.08% or higher to be considered legally impaired. Blood alcohol concentration refers to the amount of alcohol in an individual’s bloodstream. A BAC of 0.08% means that there are 0.08 grams of alcohol per 100 milliliters of blood.
Blood alcohol content is established through certain tests administered both at the scene of the traffic stop and/or at the police station. Field sobriety tests will be administered at the scene and further confirmed by breath, blood, or urine tests at the station or at a hospital.
Breath measurement devices measure the amount of alcohol in an individual’s breath and then take this figure to calculate the amount present in that person’s bloodstream. The more alcohol present in the bloodstream, the more impaired the individual is likely to be. However, neither breath tests nor blood tests are infallible when it comes to establishing BAC levels.
At Lustberg Law Offices, criminal defense attorney our experienced New Jersey DWI lawyers understand the ways that these tests can be challenged in serious DWI cases. If you have been arrested on a DWI charge, one of the first lines of defense is questioning the way a breath test or other chemical test was administered and analyzed.
For more information about DWI cases and how we can help, call us today at (201) 880-5311.
If you are suspected of impaired driving in New Jersey, a law enforcement officer will make a traffic stop. Police in New Jersey consider specific erratic or other behavior when making the decision to pull someone over. You do not have to violate any law to be pulled over for a DWI. An arresting officer will look for specific signs that you have been drinking and will conduct some type of field sobriety test before taking you to the police station, such as:
Once you are at the police station, you will be required to undergo some type of chemical test. These tests are done to determine your blood alcohol concentration, especially if you’re suspected to violate the New Jersey DWI laws. This will be done through a breath, blood, or urine test. If you have been involved in an accident that requires medical care, a chemical test will be administered at the hospital. You are required by state implied consent laws to submit to a breath test.
A DWI is a serious charge with severe consequences. When you have been charged with a DWI in New Jersey, your first course of action should be to seek skilled legal guidance. DWI attorney Adam M. Lustberg and the experienced New Jersey criminal defense attorneys at Lustberg Law Offices can act as your legal advocates, at your side each step of the way.
Refusal to submit to a breathalyzer test has its own consequences, whether or not you are ultimately convicted of a DWI. Refusing to take a breath test can result in license suspension of up to a year, a fine of between $300 and $500, and the installation of an ignition interlock device. You are often better off defending against DWI charges rather than refusing to take a breath test and being charged with that refusal in addition to the DWI.
A tenacious litigator who won’t back down. Prepared to challenge the evidence against you and will fight to protect your rights.
While law enforcement has ways of measuring the amount of alcohol in an individual’s system, it becomes more complicated in cases of drug impairment.
If you are suspected of driving under the influence of a drug, you will be taken to the police station where you may be evaluated for drugs using urine or blood tests. You may also be evaluated by an officer that is a specially trained Drug Recognition Expert (“DRE”). DRE’s have ways to evaluate an individual’s drug impairment through a variety of tests that look at things like basic vitals, balance, pupil dilation, muscle tone, and toxicology.
The protocol used by DRE’s can determine:
Depending on what tests were used to determine a drug-based DWI charge, there are several ways that results can be challenged. When you have been charged with a drug-based DWI, it is critical to get the legal assistance of an experienced New Jersey DWI lawyer.
At Lustberg Law Offices, LLC, criminal defense attorney Adam M. Lustberg and our team of DWI defense lawyers can help you navigate the complexities of a DWI charge.
If you or someone you love is involved in a DWI case, call us today at (201) 880-5311 for more information on how we can help.
New Jersey has very stringent DWI penalties. Those penalties, however, will depend on a variety of factors including how many prior DWI convictions you have had, any other past traffic convictions, what your BAC was and what circumstances led to the traffic stop. DWI penalties will increase with prior convictions and the level of blood alcohol concentration.
For a first time offense with a BAC below 0.15%, it will be the judge’s discretion whether to order the installation of an ignition interlock device on the vehicle after license suspension. Any driver convicted of a first time DWI with a BAC of 0.15% or higher, or a second, third, or subsequent conviction, will be automatically mandated to install an ignition interlock device on their vehicle after their license suspension has concluded.
At Lustberg Law Offices, our experienced team of New Jersey DWI attorneys have a number of defense strategies available to us depending on the circumstances surrounding your charges. It is critical that you don’t face these serious charges alone.
Given the inability to plea bargain and get charges reduced, a legal defense for DWI charges in New Jersey will first consider getting the charges dismissed. Defense strategies available for this include:
In addition to these lines of defense, there are other opportunities that are available to a skilled New Jersey DWI defense attorney to lessen the severity or impact of a conviction. Judges have many tools available to punish offenders, some much more lenient than others. The quality of your defense is critical to ensure that your outcome is the best possible one considering your situation. A DWI conviction is serious. You should never face these charges without skilled legal representation.
Adam M. Lustberg and the team at Lustberg Law Offices are dedicated to the skilled and aggressive defense of those who have been charged with a DWI in New Jersey. If you have been charged with a DWI/DUI, our experienced New Jersey attorneys will advocate for you each step of the way. DWI charges can affect your life in many ways. Getting the best possible legal defense is critical.