Monmouth County NJ DUI Law
In Monmouth County and throughout New Jersey, drunk-driving
is taken very seriously. Anyone driving
with a blood alcohol concentration (BAC) of .08% or higher is guilty of driving
under the influence (DUI)/driving while intoxicated (DWI). However, a driver whom the police believe is
impaired by alcohol can also be found guilty of DWI / DUI. Police officers are trained to detect driver
impairment as a result of alcohol and a person can be convicted based upon an
officer’s observations alone.
DUI PENALTIES IN NEW JERSEY
The penalties for driving while intoxicated/driving under
the influence are severe. Those
convicted of drunk driving face stiff fines and surcharges, loss of driving
privileges and possibly incarceration.
Subsequent DWI / DUI convictions may result in even higher fines and
mandatory jail.
FIRST OFFENSE – DUI
Blood Alcohol Level (BAC) of .08%-.09%
Imprisonment: Up to 30 days
License suspension: 90 Days
Fines: $250 – $400 plus fees
Surcharge: $1,000 a year for 3 years
Intoxicated Drivers Resource Center (IDRC): 12 – 48 hours
BAC of .10% or more
Imprisonment: Up to 30 days
License suspension: 7 months to 1 year
Fines: $300 – $500 plus fees
Surcharge: $1,000 a year for 3 years
IDRC: 12 – 48 hours
Interlock: 6 months to 1 year for BAC .15 or more
SECOND OFFENSE – DUI
Imprisonment: at least 48 hours and up to 90 days
License Suspension: 2 years
Fines: $500 – $1,000 plus fees
Surcharge: $1,000 a year for 3 years
Interlock: 1 – 3 years
Community Service: 30 days
IDRC: 12-48 hours
THIRD OFFENSE – DUI
Imprisonment: 180 days mandatory
License Suspension: 10 years
Fines: $1,000 plus fees
Surcharge: $1,500 a year for 3 years
Interlock: 1 – 3 years
IDRC: 12-48 hours
DEFENDING DUI CASES
No Basis for the Stop
The police cannot pull individuals over for no
reason. The police officer must have an
articulable and reasonable suspicion that the driver has committed a motor
vehicle violation. If there is no reason
for the motor vehicle stop, all evidence collected thereafter is
impermissible. The Sloan Law Firm
collects the dashcam video and all audio available of the motor vehicle stop to
ensure that the police had a valid basis for the motor vehicle stop. If not, the Sloan Law Firm can file a motion
to dismiss the case on behalf of the client.
Lack of Evidence Demonstrating Intoxication
Police officers use a breathalyzer machine to test for
intoxication. The breathalyzer is known as the Alcotest. The Alcotest examines the driver’s BAC at the
police station. Anyone driving with a
BAC of .08% or higher is guilty of driving under the influence. The
Sloan Law Firm examines whether the police officers followed protocol in administering
the test. If not, a motion to dismiss the case can be filed to dismiss the case
on behalf of the client.
If you have been charged with DUI in Middletown, Howell,
Marlboro, Manalapan, Freehold, Long Branch, Neptune, Ocean, Wall, Hazlet,
Aberdeen, Holmdel, Colts Neck, Red Bank or any other town in Monmouth County, it
is a good idea to consult with a Monmouth County NJ DUI Lawyer. Attorney Daniel Sloan is a New Jersey
Criminal Defense Attorney. The Sloan Law Firm handles DWI cases throughout Monmouth County, NJ and offers free initial
consultations - (908) 358-2938.
The Sloan Law Firm is based in Cranford and also handles personal injury matters in Cranford, Roselle Park, New Providence, Kenilworth, Elizabeth, Toms River, Belleville, New Brunswick, Old Bridge, Edison, Jersey City, Woodbridge, Keyport, Bloomfield, Lyndhurst, Perth Amboy, Passaic, Brick, Wayne, Lakewood, Irvington, Morristown, East Orange, Freehold, Paterson, Newark, Clifton, Winfield, Fanwood, Garwood, Eatontown, Long Branch, Keansburg, Marlboro, Holmdel, Tinton Falls, Shrewsbury, Rutherford, Flemington, Rockaway, Cranbury, South Orange, Princeton, Ridgewood, Somerville, Hackensack, Bridgewater, East Brunswick, Parsippany and throughout New Jersey.
Sloan Law can be reached at (908) 358-2938 to discuss any matter.