EXPERIENCED, DUI/DWI Defense Lawyer in New Jersey
Learn more about DUI:
- Driving Under the Influence
- Driving While Suspended for DUI/DWI
- Refusal to Submit
- Underage Drinking
In New Jersey it is a violation of N.J.S.A. 39:4-50 to operate a motorized vehicle while under the influence of alcohol, narcotics, and certain prescription drugs. If you have been arrested and charged with driving under the influence (“DUI”) or driving while intoxicated (“DWI”) you should immediately contact a defense attorney who specializes in this area of law. Please note that you can be convicted of a DUI/DWI offense so long as the State can prove that your ability to drive was impaired by alcohol, illegal drugs or medicine prescribed for you by your physician.
The New Jersey laws are very strict and the consequences are both serious and expensive. Since New Jersey does not make allowances for “hardship” or “work release” licenses, a conviction of this violation negatively impacts the quality of life for the driver as well as his or her family. It is not a defense to the charge that your driving ability was impaired as a result of taking prescription medications. Because of the complexities of this area of the law, it is strongly recommended that you seek the advice and representation of an attorney who has successfully represented clients with similar charges.
N.J.S.A. 39:4-50 governs New Jersey DUI/DWI law. Under this statute, a person is convicted of DUI/DWI in one of two ways. In the first instance the State has to prove that the driver consumed alcohol or any behavior altering substance prior to operating a motorized vehicle and that this consumption had the effect of diminishing his capacity to operate that vehicle. In this instance, the State relies of the arresting officer’s recorded observations of the driver’s performance of Standard Field Sobriety Tests. In the second instance, the State has to prove that the driver had consumed sufficient alcohol to equal or exceed the minimum Blood Alcohol Content (B.A.C.) of 0.08%. This requires a scientific test of the driver’s blood or breath.
If you have been charged with DUI/DWI, contact the Law Office of Gwendolyn O. Austin (973) 735-2706 or on line for a free, confidential consultation.