DUI Laws New Jersey - Steve Ellman Law

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DUI Laws in New Jersey

You should always take charges of driving under the influence of alcohol (DUI) in New Jersey seriously. The penalties for a conviction are steep. You could be smacked with fines you can’t pay, lose driving privileges, or even go to jail. You’ll also have higher auto insurance rates. Even more worrisome, a conviction can never be removed from your driving record. You must also consider the impact on your job status and reputation if the DUI charge sticks. There’s a lot to lose.

With so much at stake, getting help from a NJ DUI defense lawyer is crucial. Turn to The Law Offices of Steven Ellman. For 39 years, New

Jersey DUI defense attorney Steven Ellman has successfully represented thousands of clients in drunk driving cases. Several defenses could help you beat DUI/DWI charges, but knowing the best strategy for your case is a job for an experienced lawyer.

Steven Ellman is a respected, award-winning DUI defense lawyer serving clients in all 21 counties in New Jersey. He is among the Top 10 premier attorneys in the state for getting clients’ cases dropped. His dedicated and hard-hitting approach to criminal cases uniquely positions him to provide solid options for clients needing a strong DUI defense. Contact us today for a free consultation.

New Jersey DUI Laws

The punishment for DUI offenses varies based on whether the driver has a history of DUI. The state’s DUI law outlines the penalties for each offense, which get more severe depending on the number of violations.

First Offense

First-time drivers with a BAC of 0.08 or higher but less than 0.10:

$250 to $400 fine

Up to 30 days in county jail, at the judge’s discretion

License revocation until installation of an ignition interlock device (IID)

IID for three months

Minimum of two six-hour classes over two consecutive days at an Intoxicated Driver Resource Center (IDRC)

Insurance surcharge of $1,000 per year for three years

First-time offenders with a BAC of 0.10 or higher but less than 0.15:

$300 to $500 fine
Up to 30 days in jail
Driver’s license suspension until installation of ignition interlock device (IID), which must remain for seven months to one year
Minimum of six hours for two consecutive days at an IDRC
Auto insurance surcharge of $1,000 per year for three years

First offenders with a BAC of 0.15 or more:

License forfeiture for four to six months
Ignition interlock device (IID) for the duration of the suspension and nine to 15 months after license reinstatement

Second Offense

Drivers with a second DUI in New Jersey face penalties including:

$500 to $1,000 fine
Jail for 48 consecutive hours and up to 90 days
Driver’s license revocation for one to two years
Ignition interlock device for two to four years
Completing evaluation, referral, and individual programs from IDRC
30 days of community service
Insurance surcharge of $1,000 per year for three years

Third Offense

Up to $1,000 fines
Imprisonment of 180 days, 90 of which can be served in a rehab approved by IDRC
Driver’s license revocation for eight years
Installation of ignition interlock device during license suspension and for two to four years after driving privileges are restored
30 days of community service
$1,500 insurance surcharge for three years

Keep in mind other punishments can also accompany a DUI. You may pay the costs for the ignition interlock device, court fees, and fines to community funds. You could also face a personal injury or wrongful lawsuit if you caused an accident that hurt or killed someone.

Know Your Rights: Arrested for a DUI in New Jersey

If you’re arrested for a DUI in New Jersey, you have important rights that can protect your legal case. These include:

Right to remain silent – You must identify yourself but otherwise have no obligation to answer police questions about where you have been or if you’ve been drinking. Anything you say can be used against you.

No unreasonable search and seizure – The police do not have an automatic right to search you or your vehicle without probable cause.

Right to be read your Miranda Rights – Your Miranda Rights spell out your right to remain silent, right to an attorney, and ask you to indicate whether you understand your rights and want to answer any questions. Anything you say will be inadmissible if you weren’t Mirandized.
Right to refuse a field sobriety test – Police may ask you to perform roadside tests if they suspect you are intoxicated. But subjective assessments such as one-leg stands or walk-and-turn tests are unreliable. For example, a person with a medical condition affecting their balance may fail a field sobriety test but not be guilty of drunk driving. You can say no.

Schedule a Free and Confidential Consultation With a New Jersey DUI Lawyer

Being arrested for a DUI is scary, but you are not automatically guilty. DUI Defense Attorney Steven Ellman can fight your charges and build a solid defense to protect your life and liberty. He now serves Northern, Central, and Southern New Jersey. Contact us today for a free consultation with our proven DUI defense lawyer in New Jersey.

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Steven Ellman is laser-focused on helping his clients resolve their legal issues promptly, receive fair compensation where applicable, and move forward with their lives. He is known for treating all his clients with the utmost respect, listening to their concerns, giving them options, and helping them make informed decisions about how to best proceed with their cases.

Hands down the best Attorney in South Jersey! I was charged with Careless Driving and DWI. I was broken and devastated. After reading his positive reviews, I chose Steven Ellman. He calmed my nerves and assured me that he would do his best. After months with the court, the DWI charge was dismissed and brought down to careless driving. He was a calming and confident presence in court and always explained the process well. I was represented better than I could have ever imagined. Highly recommended!

- CHRISTOPHER M.