After a DUI arrest in New Jersey, police officers will take a suspect into custody for processing. Law enforcement officers will fingerprint and photograph the suspect and possibly detain them until they believe they are sober. Officers then issue a ticket to the suspect, which leads to a mandatory court appearance called an arraignment. 

At this hearing, the suspect will learn about the charges against them and their rights. 

The next steps in the case depend on whether the suspect chooses to fight their charges or accept responsibility. If they plead not guilty, the case will go through discovery. The suspect and their DUI defense lawyer exchange information with prosecutors concerning the state’s evidence. The DWI attorney may then file motions ahead of a trial, such as to compel or suppress certain evidence. At the same time, the case will move towards trial based on the court’s schedule, generally within 120 days of arrest. Since DUI/DWI is a traffic offense rather than a crime in New Jersey, this trial will take place in Municipal Court. A jury may or may not be involved.

If you’re facing DWI charges in Union County, remember you have the right to legal representation from the beginning. A New Jersey DWI lawyer can significantly reduce your chances of facing the harshest consequences.

What to Do — and What Not to Do — After a DUI/DWI Arrest

Facing a DUI/DWI charge can be daunting, but taking the right steps can protect your rights and position your defense case for the best possible outcome. Here’s what you should do:

• Comply with law enforcement – Cooperate with the police during the arrest.
• Exercise your right to remain silent – Politely assert this right to avoid saying anything that could hurt your case. Ask for a New Jersey DUI lawyer before answering any questions.
• Seek legal representation – Contact an experienced DUI/DWI lawyer in Union County immediately.
• Follow legal advice – Your lawyer’s guidance is vital to protect your rights and defense case.
• Attend all required hearings – Show up on time for every court date.

Do not:

• Resist arrest – Refrain from any physical or verbal confrontations with officers.
• Discuss your case with anyone else – Only your lawyer should know the details of your DWI case.
• Ignore court orders – Failing to comply could worsen your situation.
• Drive if your license is suspended – Getting caught driving without a valid license could lead to additional charges.
• Violate bail conditions – Follow any conditions set for your release.

Potential DUI Consequences and Outcomes in Union County

The penalties for DWI/DUI offenses vary significantly based on the severity of the violation, specifically the driver’s blood alcohol concentration (BAC) and number of prior offenses.

First offense 

First-time offenders 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

Those 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-time offenders with a BAC of 0.15 or more: 

• License revocation for four to six months
• Ignition interlock device (IID) throughout 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 hours and up to 90 days
• Driver’s license suspension for one to two years
• Ignition interlock device (IID) for two to four years
• Completing evaluation, referral, and individual programs for IDRC
• 30 days of community service
• Insurance surcharge of $1,000 per year for three years

Third and Subsequent Offenses

Drivers with three or more DWI offenses can receive penalties including:

• Up to $1,000 in fines
• Imprisonment of 180 days (90 days 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 

Legal penalties are only one consequence of a DWI in Union County. A DWI conviction can damage your relationships with friends and family. And even though drunk driving offenses are not crimes in New Jersey and will not show up on a background check, there are professions where employers will specifically check your driving record. The DUI conviction will show up there, which could disqualify you from employment.