DUI and DWI

New Jersey DUI, DWI Criminal Defense Trial Lawyer, Clifford E. Lazzaro, P.C.

Clifford E. Lazzaro, P.C. 4400 US Highway 9, Suite 1000, Freehold, NJ 07728 Phone: (732) 866-1600 Fax: (732) 848-6823 Email: celesquire@msn.com www.lazzarolaw.net By Appointment Only

Getting arrested for drunk driving in New Jersey is not a small matter. Under New Jersey state laws, driving while intoxicated (DWI) also referred to as driving under the influence (DUI) is a serious traffic offense.  Depending in part on your age, your blood alcohol content (BAC) and whether you’ve been arrested for DUI of DWI before, if you’re facing drunk driving charges, you could lose your license and face stiff fines and even jail time, and suspension or revocation of your driver’s license. In addition, being convicted of drunk driving will raise insurance rates and could result in the installation of an ignition interlock device which is a device installed in the offender’s vehicle so that it won’t start until a breathalyzer test is taken and passed. There are also punishments if a person has been stopped by the police on suspicion of DWI and refuses to submit to a breathalyzer test to determine his or her blood alcohol content (BAC) or blood alcohol concentration. In all instances, a convicted defendant will have to participate in an intoxicated driver resource center and participate in the intoxicated driver resource center.  Penalties increase for each subsequent charge, and can be compounded by related charges such as driving with an open container, driving while your license is suspended or driving while possessing drugs. Penalties are particularly severe if someone was injured or in case of death in a DWI accident. Clearly, drunk driving charges are taken seriously in New Jersey. But there are things Clifford E. Lazzaro, a skilled lawyer, can do to help you regain control of your life. 

Overview of DUI, DWI Law in New Jersey 

In New Jersey, DUI and DWI are used interchangeably and refer to the same tranffic offense. Regardless of whether you are being accused of drinking or being under the influence of a drug, the charge in New Jersey will be a DUI. While the legal limit of blood alcohol concentration (BAC) is 0.08 percent, you could face a DUI/DWI charge for driving with any alcohol in your system, according to New Jersey law.  

You can also face DUI charges for driving under the influence of drugs, such as: 

• Heroin 
• Cocaine 
• Opioids 
• Muscle relaxers 
• Hallucinogens  
• Marijuana 
• Prescription medications like Xanax 

In cases involving drug impairment, the standard procedure for a DUI charge is to subject the suspect to a series of tests administered by a drug recognition expert (DRE). 

Potential Penalties for DUI, DWI Offenses in New Jersey

The potential penalties for DUI charges increase with each additional alleged violation. 

• First-charge penalties – New Jersey uses a tier system based on the driver’s BAC levels to determine the severity of first-time DWI penalties. 

• 08-0.10 percent BAC– $250-$400 fine, up to 30 days imprisonment, ignition interlock device (IID) installed for three months, six hours of education at the Intoxicated Driver Resource Center (IDRC) for two consecutive days, and $1,000 car insurance surcharge for three years. 

• 10-0.15 percent BAC– $300-$500 fine, up to 30 days imprisonment, IID installed for 7-12 months, six hours of IDRC instruction for two days, and $1,000 car insurance surcharge for three years. 

• 15 or higher percent BAC– The same penalties as a second-tier BAC level with a four-six month license suspension and concurrent IID installation. Your car’s IID must remain for 9-15 months after you get your license back. 

• Second-charge penalties – $500-$1,000 fine, 48 consecutive hours jail time minimum (maximum 90 days), one-two year license suspension, IID installed for license suspension duration and two-four years after, 30 days community service, and IDRC program completion. 

• Third-charge penalties – $1,000 fine, eight-year license suspension, 30 days community service, IDRC program completion, $1,500 car insurance surcharge for three years, and IID installation for license suspension duration and two-four years after. 180-day minimum imprisonment, but up to 90 days can be spent in an approved drug treatment facility.  

All DUI/DWI offenses carry these fines in addition to the penalties above: 

• Drunk Driving Enforcement Fund: $100 
• Motor Vehicle Commission Restoration fee: $100 
• Intoxicated Driving Program fee: $100 
• Violent Crimes Compensation Fund fee: $50 
• Safe and Secure Community Program fee: $75 

New Jersey DUI, DWI Defense Strategies for Clients Facing Drunk Driving Charges in Freehold, Manalapan, Marlboro, Old Bridge, New Brunswick, Long Branch, NJ 

Even if your blood alcohol was above the legal limit when you were stopped, we can still defend you against drunk driving charges and the potential penalties that could ensue. For example, we can challenge: 

• Inaccurate test results– Field sobriety tests aren’t always accurate indicators of impaired driving. If officers gave the test incorrectly, misread the test’s results, or used a faulty testing device, the evidence might not stand up in court. 

• Illegal traffic stop– Law enforcement must have reasonable suspicion to initiate the traffic stop and probable cause to administer a breathalyzer or field sobriety test. Prosecutors cannot use evidence from an unlawful traffic stop as part of their case. 

• Medical conditions– Certain medical issues can cause symptoms mimicking intoxication, leading law enforcement to suspect drunk driving that has not actually occurred. 

• Constitutional violations– Violations of your right to counsel, your right to remain silent, or consent warnings could result in dropped charges. 

We handle every type of DUI/DWI case, including underage DUI/DWI. In certain cases, we may be able to get charges reduced or dismissed depending on the details of the incident. Contact Clifford E. Lazzaro P.C. at 732-866-1600 to determine how we can help you. 

Clifford E. Lazzaro, P.C. Represents Clients at DMV Hearings for License Suspensions Due to DUI, DWI in Elizabeth, Freehold, Hackensack, Jersey City, Manalapan, Marlboro, Old Bridge, Newark, New Brunswick, Long Branch, Woodbridge, and throughout New Jersey 

Clifford E. Lazzaro successfully represents clients at DMV Hearings for License Suspensions. 

Contact an Experienced Atlantic County, Bergen County, Burlington County, Camden County, Essex County, Hudson County, Mercer County, Middlesex County, Monmouth County, Ocean County, Passaic County, Somerset County, Sussex County and Union County DUI, DWI Criminal Defense Trial Attorney, Clifford E. Lazzaro, P.C.

If you or a loved one is the subject of a DUI/DWI charge, it is imperative to make sure you speak to an experienced criminal defense attorney. At Clifford E. Lazzaro P.C., our New Jersey DUI/DWI lawyer, Clifford E. Lazzaro, has over 30 years of experience aggressively fighting for the rights of his clients. If you or your family member was charged with a DUI or DWI offense, he is ready to help. If you would like an initial consultation with a criminal defense lawyer at Clifford E. Lazzaro, P.C. please call 732-866-1600. 

Clifford E. Lazzaro, P.C. 4400 US Highway 9, Suite 1000, Freehold, NJ 07728 Phone: (732) 866-1600 Fax: (732) 848-6823 Email: celesquire@msn.com www.lazzarolaw.net By Appointment Only