Upset male driver is caught driving under alcohol influence. Man covering his face from police car light.

Toms River DUI Lawyer

Facing drunk driving charges in Toms River, New Jersey, is stressful. The state has harsh penalties for DUI convictions, including steep fines, a mandatory license suspension, and possible jail time. With stakes so high, you need strong legal representation from a hard-hitting defense lawyer you can trust. Get a DUI attorney from William Proetta Criminal Law on your side.

Our legal team combines the experience you expect from a major law firm with the compassionate and hands-on service of a hometown firm. We’ll have your back throughout your case, fighting hard for the fair resolution you deserve. Call or contact us today for a free consultation with a Toms River, NJ, DWI lawyer.

Why Choose Our Toms River DUI Lawyers

The attorneys at William Proetta Criminal Law have successfully represented hundreds of clients charged with DUI offenses in Ocean County and throughout New Jersey. Our firm’s founding attorney, William A. Proetta, holds dual certification as an Instructor for the Standard Field Sobriety Testing used by state and local police and as an operator of the Alcotest machine, which is New Jersey’s mechanism for assessing blood alcohol content (BAC). That gives him valuable insight into how police test for intoxication — and how mistakes in the execution of those tests could lead to a dismissal of DUI and DWI charges.

Our firm has taken these extra steps to enhance our DWI defense strategies and better protect our clients. Initial consultations are always free, and our attorneys are always ready to assist you by crafting a customized defense to meet your needs.

Types of DUI and DWI Cases We Handle in Toms River

When you retain the services of William Proetta Criminal Law, you will work with a Toms River DUI lawyer with extensive experience defending clients against intoxicated driving charges, including:

  • First DUI – First-time DUI convictions can have far-reaching consequences. However, a DWI lawyer in Toms River can identify effective defenses that can help you avoid the consequences of a conviction now and the more severe penalties associated with subsequent convictions.
  • Second DUI – A second DUI charge after a conviction within the previous 10 years can result in severe penalties. The New Jersey justice system wants to punish offenders whose behavior has not improved. But never assume a conviction is guaranteed — the facts of every case matter. Discrepancies in the arrest process, evidence, and test results could lead to reduced or dismissed charges regardless of your driving history.
  • Third DUI – New Jersey imposes its harshest penalties for third and subsequent DUI convictions, including mandatory incarceration periods. This is because the state views a third or subsequent offense as evidence of a pattern or habit of driving while intoxicated. When your freedom is on the line, contact a DUI lawyer in Toms River immediately.
  • Drug DWI – Driving under the influence of drugs is also a serious offense in New Jersey. Our attorneys have experience mounting successful defenses against these charges, including challenging the testing methods and evidence-gathering procedures.

New Jersey DUI and DWI Laws

New Jersey classifies a DUI as a traffic offense rather than a crime. However, under certain circumstances, a DUI may be charged as an indictable crime (felony). Such factors may include:

  • Driving with a suspended license after a previous DUI conviction
  • Driving with a minor child as a passenger
  • Causing an accident that results in injury or fatality

Potential Consequences of DUI Charges in Toms River

The penalties for a DUI conviction in Toms River depend on whether you have a history of prior offenses and your BAC level at the time of arrest.

First DUI Offense

Drivers with a BAC of 0.08 or higher but less than 0.10 could face the following punishments for a first-time offense:

  • $250 to $400 fine
  • Up to 30 days in jail
  • Driver’s license suspension until installation of an ignition interlock device (IID) and for three months afterward
  • Participation in a minimum of six hours per day for two consecutive days at an Intoxicated Driver Resource Center (IDRC)
  • Auto insurance surcharge of $1,000 per year for three years

A person with a BAC of 0.10 or higher or who is under the influence of a narcotic, hallucinogenic, or habit-producing drug faces stiffer penalties, including:

  • $300 to $500 fine
  • Jail for up to 30 days
  • 12 to 48 hours at an IDRC
  • License forfeitures for seven to 12 months
  • Insurance surcharge of $1,000 per year for three years
  • Ignition interlock device for six to 12 months (for BAC over 0.15)

Second DUI Offense

Penalties get harsher for a second conviction of driving under the influence and include:

  • Fees between $500 to $1,000
  • Jail for two to 90 days
  • 30 days of community service
  • Loss of driving privileges for one to two years upon conviction
  • Ignition interlock device for two to four years after license is restored

 Third DUI Offense or Subsequent DUIs

Third-time offenders face the most severe penalties for DWI convictions, including:

  • $1,000 fine
  • Jail for 180 days (90 days of which can be served in an approved drug and alcohol inpatient rehab program)
  • 30 days of community service
  • License suspension for eight years
  • Ignition interlock device for the duration of license suspension and one to three years after getting the license back
  • Completion of evaluation, program, and referral requirements of the IDRC
  • Insurance surcharge of $1,500 per year for three years

Potential Defenses in Toms River DUI and DWI Cases

Having a seasoned defense attorney on your side is critical as you face DUI charges in Toms River. Potential defenses we may use in your DWI case include:

  • Lack of probable cause for the initial stop – If a law enforcement officer did not have sufficient legal grounds to pull you over, any evidence collected after that point could be inadmissible.
  • Improper administration of sobriety tests – These tests have strict protocols that officers must follow. Deviations could call the results into question.
  • Faulty or improperly calibrated breathalyzer machine – The Alcotest machines used in New Jersey are susceptible to malfunctions and errors. We can scrutinize maintenance records to uncover flaws and call breath test results into question.
  • Medical inability to perform tests – Conditions like diabetes could falsely appear as intoxication during field sobriety tests.

With an in-depth investigation of your arrest, we can build a robust defense and work toward the most favorable outcome possible in your case.

Get Help from Our Toms River DUI Defense Attorneys Now

It’s natural to feel nervous about your future after a DWI charge. However, working with our proven DUI defense attorneys can help you take your next steps with confidence. William Proetta Criminal Law has an outstanding track record of helping clients secure reduced charges and DUI dismissals. Call or contact us online to discuss your DUI case with an experienced attorney in Toms River for free.