East Brunswick NJ DWI Lawyers
If you have been charged with DWI in East Brunswick, New Jersey then you are not alone. East Brunswick has been notorious for years as an absolute juggernaut when it comes to DUI arrests, making several hundred a year on average. The penalties you face can impact every part of your life. Despite the fact that DWI charges are classified as motor vehicle violations in the state of New Jersey, the associated consequences are tougher than some criminal penalties. This is because, unlike criminal cases, NJ courts do not allow for any type of plea negotiations for DWI cases. Additionally, while criminal cases are tried before a jury of peers, who often sympathize with a defendant, DWI cases are tried before a municipal court judge. This is one reason why it is absolutely critical to retain an experienced East Brunswick DWI lawyer to handle your case.
How Can An East Brunswick DWI Attorney Help Me?
There are several reasons why challenging a DWI case can result in the charges being downgraded or even dismissed. In most DWI cases, the breathalyzer reading will be the single biggest piece of evidence. This breath reading will not only dictate the potential penalties you can face but it will also inevitably be what the prosecutor hangs their hat on to prove intoxication. A close examination of the breathalyzer itself (known as the Alcotest machine) and the police officer’s conduct in administering the testing can often lead to a suppression of that breath reading if everything is not in order. On a first offense DWI this suppression can drastically reduce your penalties right off the bat, while on a second and third offense it makes the prosecutor’s much weaker. This often leaves us with just the field sobriety tests given at the roadside as evidence of intoxication. If you performed well on these tests or can provide credible evidence as to why your perform was diminished then there is a good chance the case could be thrown out in its’ entirety.
The attorneys at Proetta & Oliver have successfully handled hundreds of DUI cases in East Brunswick and throughout Middlesex County, New Jersey. Additionally, the firm’s founding attorney, William A. Proetta, is one of a handful of lawyers in the state that holds dual certification for Instructor level for Standard Field Sobriety Testing (SFST) as well as for the operation and proper maintenance of the Alcotest machine. These unique qualifications allow our attorneys to analyze your case and customize your defense to the best of our ability. Please contact our office at (732) 659-9600 to talk to an experienced East Brunswick DWI defense attorney in order to discuss your case details and build a customized defense strategy.
Penalties & Sentencing for East Brunswick DUI Charges
► First Offense DWI
For a first offense DUI you often have more flexibility in court when it comes to beating the case or minimizing the penalties. This is because the penalties can vary wildly depending on the facts of your case. For instance, if the breathalyzer reading is a 0.09% then you face only a 90 day loss of your license. However, if the reading is a 0.15% then you face at least 7 months up to 1 year loss of your license and the installation of an ignition interlock device in your vehicle during the period of suspension and an additional 6 – 12 months after you get your license back. To learn more about the penalties for a DWI first offense you can visit our topic page.
► Second Offense DWI
With a second DWI case you will typically get the “all or nothing” scenario. The suspension is 2 years no matter what if you are convicted or plead guilty. A suppression of the BAC reading or urine results (for drug DWI cases) will not affect the duration of the suspension like in a first offense case because all the prosecutor needs to prove is intoxication which can be done through the field sobriety testings and police officer’s observations (bloodshot eyes, slurred speech, alcohol on breath, etc.). However, one thing the judge does have discretion on is the amount of jail time. For a second offense DUI the statute requires at least 2 days and up to 90 days in county jail. But at the time of sentencing, you are given an opportunity to make a persuasive argument that the judge should only impose the minimum time of 2 days and convert it into 48 hours at IDRC. To learn more you can visit our second offense DWI topic page.
► Third Offense DWI
Third offenders in East Brunswick face the biggest uphill battle. In order to face a third offense DWI, this typically means that you have received 3 DWI’s with the second conviction being within 10 years of this newest offense. Ordinarily by this time the judge and prosecutor will have lost any sympathy you. On a third or subsequent offense you will face a mandatory 10 year loss of your driver’s license and 6 months in county jail. Motions for post-conviction relief “PCR” are common in these situations in order to try and reopen and dismiss the prior DWI convictions on the basis that you weren’t adequately represented in the past. To learn more visit our third offense subject page.
DWI Charges in East Brunswick NJ
Every year, East Brunswick issues among the highest number of DWI summonses in Middlesex County as well as in the entire state of New Jersey. This is likely due to its convenient location and inclusion of major roadways within its borders, as well as an active state and local police presence. These roadways include Route 18 and Routes 1 & 9, the New Jersey Turnpike and close proximity to the Garden State Parkway. If you have been charged with drunk driving within the town limits then you will have to report to East Brunswick Municipal Court where the case will inevitably be litigated. East Brunswick Municipal Court typically brings in a special DWI prosecutor to litigate all the driving while intoxicated charges in town. DWI cases may last for several months and in some cases, even over a year. This can be due to the very serious penalties and the voluminous discovery that can often take months to retrieve and analyze. It is important to remember that it is the state’s burden to prove the case against you.
Contact East Brunswick NJ DUI Defense Attorneys for a Free Consultation
The state will typically seek to prove a DWI in two ways – through Standard Field Sobriety Testing/ Observations (ie. walk and turn & slow fumbling movements) and the Alcotest machine. At Proetta & Oliver, our attorneys often utilize a strategy of defense that hinges upon our expertise in pinpointing technicalities associated with mechanical or human error in administering a field sobriety test or Alcotest. We then exploit them to create problems with the state’s case against you when it comes to proving some or all of the above elements. If the state fails to prove the listed elements, then the DUI charge may be significantly diminished or even dismissed in its entirety. If you would like gain more information about how our attorneys can help to build a strategy customized to your particular case then please give us a call at (732) 659-9600 for your East Brunswick DWI, second offense DWI, or refusal charges.
Additional East Brunswick NJ DWI Information:
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