Jersey City DUI/DWI Lawyer
Facing DUI/DWI charges in Jersey City or elsewhere in Hudson County is a serious matter. Conviction on DUI/DWI charges could result in driver’s license suspension, hefty fines, increased auto insurance premiums, and even possible jail time. Having an experienced DWI defense lawyer in Jersey City to defend you can make all the difference for your future.
At William Proetta Criminal Law, our Jersey City DWI lawyer can guide you through this challenging process and fight tirelessly for the best possible resolution of your case. Contact our Jersey City law office today for a free case review from a New Jersey DUI attorney. The consultation is free, confidential, and comes without further obligations.
Why You Should Choose Our Jersey City DUI Defense Lawyer
At William Proetta Criminal Law, our Jersey City DWI lawyers have extensive experience handling DUI and DWI cases in the New Jersey Municipal Court system. The firm’s founding lawyer, William Proetta, is certified and credentialed in breath test operation and standardized field sobriety testing. Mr. Proetta is part of a prestigious group of lawyers certified by the National Transportation Safety Administration in field sobriety test administration and evaluation.
Additionally, Mr. Proetta is one of a handful of New Jersey lawyers 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. Mr. Proetta is certified by the state’s breathalyzer manufacturer, Draeger Diagnostics, as an operator for the Alcotest machine, a device used to test alcohol levels in a person’s breath.
Mr. Proetta’s extensive experience and qualifications make him the right DUI attorney in Jersey City to defend your DUI/DWI case. Mr. Proetta and his legal team are prepared to fight tirelessly for your rights to minimize the impact of your charges.
Types of DUI and DWI Cases We Handle in Jersey City
Our experienced DUI defense lawyer in Jersey City represents clients charged with DUI/DWI offenses, including:
- First DUI —First-time offenses can have long-term consequences. It is essential to contact a knowledgeable attorney immediately to strategize defenses.
- Second DUI – More severe penalties may result from second offenses, especially if you had a prior DUI conviction in the last 10 years. Courts often punish repeat offenders for failing to change their behavior. Our Jersey City DUI lawyer can help build a strong defense.
- Third DUI – Convictions for a third DUI offense impose harsh penalties and mandatory jail time. Repeated DUI offenses indicate a pattern of behavior that courts take seriously.
- Drug DWI – We represent people facing charges of driving while under the influence of drugs. Our objective is to pursue the best legal outcome for drivers facing drug DWI charges in Jersey City.
Potential Defenses in Jersey City DUI/DWI Cases
Defenses available in DUI/DWI cases are built on the specific facts of each client’s situation. A few examples of potential ways to contest a charge include:
- Breathalyzer inaccuracies – Breathalyzers can be wrong due to faulty programming, improper calibration, and other issues. A police officer’s failure to follow certain procedures can impact the breathalyzer’s accuracy and lead to inadmissible test results.
- Police procedural mistakes – Law enforcement must adhere to specific procedures when they make traffic stops and arrests and when they administer breath tests. Failure to follow proper police procedures could be used as a defense.
- Invalid standardized field sobriety tests – Factors like weight, age, and physical condition can lead to invalid or inaccurate results with standardized field sobriety tests such as walk-and-turn, one-leg stand, and horizontal gaze nystagmus, an eye test.
- Medical conditions – If you have a medical condition that causes driving impairments that are similar to intoxication, your condition may be a viable defense to a DWI charge.
- Constitutional violations – The protections provided by the U.S. Constitution apply during DUI stops. If police officers violate your constitutional rights, evidence obtained during the stop could be tainted and not allowed to be used in your case.
Penalties and Consequences of a DUI/DWI Conviction in Jersey City
Convictions for DUIs in New Jersey carry stiff penalties. Factors that play a role in determining the penalty include a person’s blood alcohol content, the existence of prior DUI/DWI convictions, whether an accident happened, and refusal to submit to a breathalyzer.
First Offense – Penalties for a first-time DWI conviction vary based on blood alcohol content at the time of the DWI arrest. Keep in mind that any BAC equal to or greater than 0.08 percent is considered a DUI/DWI.
If your blood alcohol content was at least 0.08 but less than 0.10, the penalties are:
- Mandatory driver’s license suspension of three months
- Mandatory fines of $250-$400
- A $1,000 a year auto insurance surcharge for three years
- 12 hours of instruction at the Intoxicated Driver Resource Center
If your blood alcohol content is 0.10 or higher, the penalties are:
- Mandatory driver’s license suspension between 7-12 months
- Mandatory fines of $300-$500
- A $1,000 a year auto insurance surcharge for three years
- 12 hours of instruction at the Intoxicated Driver Resource Center
- Installation of an ignition interlock device (IID) for 2-4 years post-suspension
Second Offense – Penalties for repeat DUI/DWI offenses are more severe.
- Mandatory 1-2-year driver’s license suspension
- Mandatory 2-90 days in jail
- Mandatory 30 days of community service
- Completion of the Intoxicated Driver Resource Center program
- Mandatory installation of an IID for 2-4 years after license restoration
- Mandatory fines of $500-$1,000
- Auto insurance surcharge of $1,000 per year for 3 years
Third Offense – The severity of penalties increases significantly for a third DUI/DWI offense in New Jersey that occurs within 10 years of your second DWI conviction. Those penalties are:
- Mandatory 8-year driver’s license suspension
- Mandatory 180 days in jail
- Mandatory fines of $1,000
- Completion of the Intoxicated Driver Resource Center program
- Mandatory installation of an IID for 2-4 years after license restoration
- Auto insurance surcharge of $1,500 per year for 3 years
Jersey City DUI FAQs
Here are the answers to some of the most common questions our attorneys at William Proetta Criminal Law receive about DUI cases in Jersey City, N.J.:
Being charged with a DUI while a child is a passenger is a second-degree indictable offense in New Jersey. If the child is age 17 or younger, you could be charged with endangering the welfare of a child in addition to driving while intoxicated. This is a second-degree felony and carries a harsh penalty of five to 10 years in prison.
DUI and DWI are used interchangeably to describe someone driving while impaired by drugs or alcohol, so there’s no real difference between these terms.
There are a few ways in which a DUI charge can be dismissed. Most of these methods involve challenging the evidence used by police when they made the initial arrest. If the evidence against you is incorrect or was obtained illegally, you may be able to have a DUI dismissed.
In most cases, a DUI in New Jersey is a traffic offense, not an indictable crime, or felony. However, you could face an indictable charge if you hurt or killed someone while driving drunk, or if you attempted to flee the scene of a crash that involved injury or death.
The standard BAC limit for drivers in New Jersey is 0.08 percent. The limit for commercial drivers, however, is 0.04 percent. The limit for drivers under age 21 is 0.02 percent.
How We Can Help If You’re Facing DWI/DUI Charges in Jersey City, NJ
Our skilled Jersey City DWI defense lawyer can explain your legal options and explore alternative resolutions to your charges. We can investigate your case to recover any evidence that could be used in our aggressive defense of your legal rights. We can contest the prosecutor’s evidence and argue to exclude field sobriety tests or breath or blood test results.
Our Jersey City DUI/DWI lawyer knows New Jersey court procedures and rules. That gives our law firm an added advantage in fighting the drunk driving charges against you.
Talk to a Jersey City DWI Defense Attorney Now
If you have been arrested for driving under the influence of alcohol or drugs in Jersey City, contact our law firm today for a free consultation with a DWI attorney. Don’t try to handle this situation alone. Let us help.