New Jersey DUI & DWI Lawyer - Hundreds of Successful Defenses

A DWI in New Jersey is charged under N.J.S.A. 39:4-50 and heard in the municipal court of the town where the stop occurred — not in criminal court. It is a motor vehicle offense rather than an indictable crime, which means it will not appear on a criminal record. It also means it cannot be expunged.

A conviction can bring fines and surcharges, an ignition interlock device, mandatory attendance at an Intoxicated Driver Resource Center, and in some cases loss of driving privileges or jail. What applies depends on your alleged blood alcohol concentration and whether you have prior convictions.

At William Proetta Criminal Law we have handled well over a thousand DWI and DUI cases across New Jersey. Founding attorney William Proetta is one of approximately five attorneys in the state certified as a Standardized Field Sobriety Testing Instructor by the NHTSA and the International Association of Chiefs of Police, and is trained by Draeger on the Alcotest 9510 breath-testing instrument.

Comprehensive County Information for DWIs in Each Town

For your ease, we have created navigation hubs, organized by county, which provide directories of the towns where we regularly fight DWI cases. These hubs and individual town pages provide detailed information about court information, penalties, and valuable local insights.

Unmatched Credentials For DWI Defense

Founding attorney William Proetta has unparalleled experience in this area. He has extensive certifications and credentials in standardized field sobriety testing, instruction, and breath test operation and performance. He is:

• One of only roughly 20 lawyers certified by the National Transportation Safety Administration in proper administration and evaluation of standardized field sobriety tests
• One of only approximately five attorneys in New Jersey recognized as a DUI Detection and Standard Field Sobriety Testing Instructor by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police
• Trained by Draeger Safety Diagnostics on the Alcotest 9510 on how to operate the instrument and perform a New Jersey-specific breath test sequence

This matters because most DWI cases turn on how the evidence was produced. Field sobriety tests have to be administered in a specific way, and breath-testing instruments have to be calibrated, maintained and operated according to defined procedures. Knowing those procedures from the inside is how you find where they were not followed.

Get the power of a top-tier NJ DUI attorney on your side today. Contact us for a free and confidential case review. We represent individuals facing DUI charges throughout New Jersey.

Common Defenses Used in DUI Cases

Just because you were stopped, arrested, and blew over the legal limit on a breathalyzer test does not mean that you do not have any viable defenses to a DUI charge. Depending on the facts of your case, you may have one or more legal defenses available to you. Examples of defenses that are used in DUI cases in New Jersey include:

• A motor vehicle stop that was conducted without reasonable suspicion or probable cause of a crime or motor vehicle code violation.
• An improperly conducted DUI checkpoint (such as a checkpoint where officers do not select vehicles to pull over in an objective or impartial manner).
• There is insufficient evidence to prove the defendant was operating a motor vehicle while they were intoxicated.
• The officers improperly conducted the field sobriety test or used non-standard field sobriety tests, or factors such as the defendant’s weight, age, or physical injuries affected the results of the tests.
• Officers failed to read the implied consent warnings or confirm that the defendant understood the warnings.
• Police violated the defendant’s right to remain silent or to legal counsel.
• The alcotest/breathalyzer was not properly calibrated, or officers failed to follow proper testing procedures such as by not waiting the 20-minute observation period before conducting a breath test.
• Blood or urine samples were obtained without the defendant’s consent or against the defendant’s will.
• Errors in blood or urine testing affected the test results, or there was a break in the chain of custody of a defendant’s blood or urine sample.
• The defendant is suffering from medical conditions that have similar symptoms to intoxication, such as a concussion, vertigo, or diabetes, or the defendant suffers from a condition such as auto-brewery syndrome that causes positive breath or blood alcohol tests without having consumed alcohol.

What Does N.J.S.A. 39:4-50 Say About DWI in New Jersey?

DUI/DWI charges in New Jersey stem from violations of N.J.S.A. 39:4-50.

You need legal representation from our DWI lawyer in New Jersey if you have been charged with operating a motor vehicle while under the influence of alcohol, illegal drugs, narcotics, or hallucinogens.

Moreover, under 39:4-50 you can also be charged with allowing an intoxicated person or a person with a BAC of 0.08 percent or more to drive your vehicle.

Under the statute, penalties vary depending on factors such as:

• Whether drugs or alcohol caused the driver’s intoxication
• The concentration of alcohol in their system
• The number of prior DUI or DWI convictions on their record

A driver may face increased penalties if they drive with a BAC of 0.10 percent or more or if they drive while under the influence of narcotics, hallucinogens, or other addictive drugs. Increased penalties also apply to second or subsequent convictions.

New Jersey prosecutors can establish a violation of N.J.S.A. 39:4-50 through various forms of evidence. Breath or blood tests can determine a driver’s BAC and prove they operated a vehicle with a BAC above the legal limit of 0.08 percent. Breath and blood tests can also

Types of DUI and DWI Cases We Can Help With

At William Proetta Criminal Law, our attorneys have extensive experience defending clients facing DUI charges throughout New Jersey, including DWI cases in Middlesex County, Union County, Ocean County, and Hudson County. Our experienced trial lawyers routinely handle driving while intoxicated cases under various circumstances such as:

First DUI

Even a first-time DUI conviction can have long-term consequences for you, especially if you face another DUI charge anytime in the next 10 years. There are many defenses in a first-time DUI case, especially when you get a knowledgeable attorney on your side immediately.

Second DUI

When you are facing a second DUI charge after a prior conviction in the last 10 years, you may be looking at serious penalties in the event of conviction. The consequences for a second DUI conviction are more serious than a first conviction as the criminal justice system seeks to punish offenders who have not corrected their behavior. If you have been arrested on a second DUI charge, don’t assume the worst. Our team can devise a strategic defense and fight for your rights.

Third DUI

Third and subsequent DUI convictions carry the harshest penalties, including mandatory jail or prison time. In the eyes of the law, a third or subsequent offense means that an offender demonstrates a pattern or habit of driving while intoxicated. Even after a third-time DUI arrest, though, a skilled attorney can make a huge difference in the outcome of your case.

Drug DWI

Our attorneys also represent people who have been charged with driving while under the influence of drugs. If officers suspect that you were driving under the influence of narcotics, we will challenge the testing methods and evidence to make it tough, if not impossible, for them to prove it.