New Jersey DUI Laws: What All Drivers Should Know

 

Introduction

DUI laws across the United States have become increasingly tough over the years, and this is certainly true in New Jersey. Drivers within the state should therefore educate themselves on these laws to avoid lengthy license suspensions, heavy fines, and jail time.

If you are facing a DUI or driving charge in this state, it is highly recommended that you contact an experienced DUI attorney who is familiar with New Jersey state and county laws. A qualified lawyer is the only person who can properly advise you on a defense for your case, and give you the best chance of reducing the penalties you are facing.

 

Below is some essential information that can help you avoid a DUI charge in the first place, and provides some pointers on what to do if you are arrested and charged with DUI in New Jersey.

 

Refusing a Breath Test

 

In any state there are two types of breath test that you can be requested to take if law enforcement suspects you have been driving under the influence of alcohol.

 

Portable Breath Test

 

The first type of test is known as a Portable Breath Test, or PBT and is the device carried in patrol cars while in the field. These tests are voluntary and you may refuse to blow into the device if you have been asked to by an officer during a roadside stop. In fact, most DUI attorneys will recommend that you politely decline this test if you have been drinking alcohol prior to driving, even if you think you are under the legal limit (.08). However, it should be noted that even without the results of a PBT, an officer can arrest you on suspicion of DUI if they have enough probable cause to do so – for example, if they smell alcohol on your person or in your car, if you failed to indicate while turning, if your headlights were off at night, if your eyes appear to be bloodshot or droopy, or even if you fumbled while retrieving your driver’s license and registration. Also, by refusing a PBT, an officer may feel that you have something to hide and so may become more convinced that you are driving under the influence and so will arrest you in order for you to submit to an official breath test back at the station.

 

Breath Test at the Station

 

New Jersey law states that you must submit to a breath or blood test back at the station. If you refuse to, you will automatically be deemed guilty of driving with a blood alcohol level (BAC) of .10% and your license will be suspended for up to a year. Once your license has been reinstated, you may be forced to pay $1000 in insurance surcharges to the DMV every year for three years.

 

The state equates refusal with having a BAC of .10%. Regardless if you're innocent or not, your license will be immediately suspended for up to one year. In addition, you may be hit with an MVC insurance surcharge of $1,000 per year for three years.

 

Most DUI attorneys will therefore advise you to comply with the station breath test, as they may be able to have the charges against you lessened to reckless driving if you were found to be just at or slightly above the .08 limit. With a reckless driving charge, the lawyer has a better chance of ensuring your license is suspended for less than a year, and may be able to help you avoid any loss of your driving privilege at all – especially if your circumstances make driving essential to your livelihood.

 

Of course, if you are found to be way above the legal limit – at .015 or above – you will be facing much harsher punishments than simply a suspended license.

 

DUI Penalties in New Jersey

 

Following a first-time, non-aggravated conviction for a DUI in New Jersey, you will:

 

• Have your license suspension for 7 months to a year
• Pay $1000 upwards in fines and fees
• Complete a 2 day course (6 hours per day) at an Intoxicated Driver Resource Center
• Pay a $100 restoration fee either online or at any DMV location
• Pay $1000 per year insurance surcharges for three years, and/or show a certificate of SR-22 (high risk) insurance to the DMV before getting your license reinstated
• Install an ignition interlock device for a year or more, which cost around $80 per month

 

For second and third DUI offenses, or aggravated DUIs, the penalties can be much more severe and can result in up to 5 years in jail. For example, if you were driving with a suspended or revoked license, if there was a minor in the car, or you were found to be responsible for causing an accident.

 

Take Action – The Sooner the Better

 

You only have 14 days to request a hearing with the DMV to avoid license suspension prior to your case being heard in court. An experienced DUI attorney will be able to file the necessary documents on your behalf.

 

Most DUI cases will be heard within less than 2 months from the arrest date. As this is such a complicated area of law due to the technical, scientific, and procedural aspects involved – the sooner you can retain the services of an experienced DUI attorney, the more time they will have to prepare a solid defense, and so give you the best chance of reducing the impact on your life, driving record, and stress-level.

 

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