A first DUI charge in New Jersey comes with potential penalties such as ignition interlock for months, fines and surcharges, as well as a minimum of 12 hours in the Intoxicated Drivers Resource Center. Also, there is a potential for 30 days in county jail. Further, often dramatic implications for your driver’s record, employment opportunities, and surcharges from the NJMVC. The Law Office of Steven Ellman builds first-offense defenses around the evidence the State produces.
You were pulled over, and performed the roadside tests, and you gave a breath sample on the Alcotest machine. Now you have a summons and a court date, and you need to know what a first offense actually means.
A conviction under N.J.S.A. 39:4-50 carries a fine, forfeiture of your license, and an ignition interlock device installed on one vehicle you own, lease, or mainly drive. For alcohol-related charges, the court orders your license forfeited until the interlock is installed, and how long the device must stay in place depends on your blood alcohol concentration (BAC).
The Motor Vehicle Commission adds its own cost. A first DUI conviction brings a surcharge of $1,000 a year for three years, and the MVC cannot waive it.
If you were also charged with refusing the breath test, N.J.S.A. 39:4-50.4a creates a separate offense with its own license forfeiture, interlock requirement, and fine. A DUI charge and a refusal charge each need their own defense strategy.
New Jersey treats a DUI as a traffic offense where consequences of magnitude apply; however, it is not a criminal offense, and there is no right to a jury trial. A single municipal court judge decides your case based on the technical and procedural evidence presented.
A first offense DUI lawyer, with the knowledge and experience of Mr. Ellman, who knows how to test that evidence, is the solution to the problem this charge creates.
Steven Ellman starts before your first court date. The Law Office of Steven Ellman requests every piece of discovery the prosecution plans to use and reviews it line by line. It’s like finding that ”proverbial” needle in the haystack.
The Alcotest model numbers 7110 and 9510 are the breath-testing devices New Jersey uses. Like any machine, BAC readings from these machines can be challenged, which can affect BAC admissibility. Oftentimes, the State is unable to establish the reliability of a BAC reading due to certain defects in the process. Steven Ellman requests the calibration history, simulator solution logs, and operational records for the specific device and operator used in your test. Errors or gaps in those records can make the BAC reading inadmissible.
Losing the breath test result takes away the State’s strongest number. It does not end every case, because the statute also covers driving while under the influence without a BAC reading, and the State may try to prove impairment through officer observations. That is why the stop and the roadside tests get the same scrutiny.
Before the Alcotest, there was a traffic stop and a series of Standardized Field Sobriety Tests. Officers administer these tests under standardized protocols. Rushed instructions, uneven pavement, footwear, or medical conditions can undermine the probable cause for your arrest. If the arrest lacked lawful probable cause, evidence gathered after it can be challenged and, in some cases, excluded.
Steven Ellman always questions arresting officers about their SFST training and their specific conduct during your stop.
Since February 2024, New Jersey law has allowed a plea agreement in a DUI case when the prosecutor recommends one, and the New Jersey Supreme Court withdrew its longstanding ban on DUI plea agreements. Whether a prosecutor makes that recommendation is the prosecutor’s call, so reviewing the evidence comes first. Any discussion starts from what the State can and cannot prove.
New Jersey’s DUI law also covers marijuana, prescription drugs, and controlled substances, not just alcohol. Sometimes an officer certified as a DRUG RECOGNITION EXPERT can be called to perform an expanded sobriety test and conclude with his opinions.
The Law Office of Steven Ellman is based in Medford but handles all DUI/DWI matters throughout New Jersey. Mr. Ellman handles all DUI/DWI charges in Superior or Municipal Court. Missed deadlines or poorly handled discovery requests can damage a defense before it starts. Steven Ellman knows the required guidelines and protocols established by the US National Highway Traffic Safety Administration and the NJ State Police. Mr. Ellman’s goal is to seek the dismissal of DUI/DWI charges!
Steven Ellman is licensed in New Jersey and builds each first-offense defense around the facts of your stop, your tests, and the State’s records. You get a defense built on your own evidence, not a form response.
You will know what representation costs before you commit to anything, because fees for first-offense cases are explained upfront. Weigh that number against the full cost of a conviction: fines, three years of MVC surcharges at $1,000 a year, higher insurance premiums, and possible effects on your job or professional license.
You can represent yourself, but a DUI case involves skills that most people do not possess. Defending DUI/DWI involves requesting and reading Alcotest calibration records, cross-examining an officer on SFST protocol, making evidentiary arguments to a municipal judge, and, where the facts support it, talking with the prosecutor about a resolution. The penalties for a conviction are set by statute, so the outcome of the case matters.
New Jersey classifies DUI as a traffic offense, not a criminal offense, so it is not a criminal conviction. It does go on your driving record, which insurers, employers who check motor vehicle history, and courts in later proceedings can see. The distinction matters, but the charge still carries real penalties.
New Jersey does not treat a first-offense DUI as an indictable crime, the equivalent of a felony in other states. It is a serious traffic offense. Certain aggravating circumstances can change that and lead to an indictable charge, such as driving under the influence while your license is suspended or revoked for a prior DWI conviction, fleeing the scene of an accident that caused bodily injury or death, causing an accident that results in serious bodily injury, causing an accident in a school zone that results in bodily injury, or causing an accident that results in death.
Under N.J.S.A. 39:4-50, a first offense carries license forfeiture. For alcohol-related charges, the license is forfeited until an ignition interlock device is installed, and the required installation period depends on your BAC. A successful challenge to your breath test or to the lawfulness of your stop can change how the case resolves, which is why the defense starts with that evidence.
The Law Office of Steven Ellman explains fees for first-offense cases clearly before you agree to anything, and you can go over what representation costs during your free consultation. Alongside that number, consider the MVC surcharge of $1,000 a year for three years, likely changes to your auto insurance premiums, and possible consequences for professional licensing or employment.
Dismissal is possible when the evidence does not hold up. An Alcotest reading can be inadmissible if the machine was not properly maintained or the operator did not follow protocol. An arrest can be challenged if the traffic stop lacked lawful justification or the field sobriety tests were conducted improperly. Steven Ellman has reviewed Alcotest discovery and questioned arresting officers.
A first DUI charge puts your license, your finances, and your driving record in front of a municipal judge. The evidence behind it can still be tested. Alcotest records, the traffic stop, and the field sobriety tests all deserve a close look, and plea discussions with the prosecutor are possible when the facts support them.
The Law Office of Steven Ellman can start with your discovery and tell you where your case stands. Steven Ellman is based in Medford and handles all New Jersey Municipal or Superior courts. The evaluation is free and confidential, and fees are explained before you commit to anything.
The content on this page is provided for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship between you and the Law Office of Steven Ellman. Prior results in DUI cases do not guarantee or predict similar outcomes in future matters. Every case depends on its own specific facts and circumstances.
