How Is DUI Or DWI Defined Under New Jersey Law?
In this article, you will discover:
- The definition of DUI/DWI
- If you must give a blood or breath sample
- Penalties for a DWI
- If you need to hire an attorney
You can be found guilty of a DUI in New Jersey if you are caught driving under the influence of any liquor or drugs affecting your driving. If your blood alcohol content is found to be above 0.08, it is presumed that you were driving under the influence. You can still test below that limit and be found guilty of driving under the influence too. If the police decided to administer a psychophysical test, or roadside test, and you are unable to perform them properly, you might be found guilty of driving under the influence.
Do I Have To Give A Breath Or Blood Sample During The DWI Arrest In New Jersey?
As soon as you get your driver’s license in New Jersey, you have given them permission to take a breath test. If the officer has reasonable cause, reasonable suspicion, or probable cause to ask you to give a breath sample, you must do that. If you refuse, you can be given a violation of refusal to give a breath sample. This carries very similar, if not the same, penalties as being found guilty of driving under the influence. You must give the sample. You cannot speak to an attorney, family, or friend before doing so. You are obligated by taking the license to drive.
You are not obligated to give the blood or urine sample. If the police have probable cause to take a blood or urine sample, they can get a warrant to take it. Police will often try to bypass the process of getting the warrant by asking for consent. You are not required to do it.
What Are The Penalties For A DWI In New Jersey And What Happens To My Driver’s License?
For a first offense DWI, you can lose your driver’s license for up to six months to one year. If you are convicted of driving under the influence of drugs, you could lose your license for seven months to one year. For a second offense, the penalty is losing your driver’s license for up to two years. If you are convicted of a third DWI, you will lose your driver’s license for up to eight years, along with jail time of 180 days.
If I Plan On Just Pleading Guilty To A DWI Charge In New Jersey, Do I Really Need To Hire An Attorney?
It is always advisable to hire an attorney, because you might plead guilty to a crime for which you have a defense. A lawyer might be able to figure out a way to keep your license or lessen the severity of the penalty.
Many judges in municipal court will not allow you to plead guilty without a lawyer because the results are of consequential magnitude. They will require you to get a public defender or hire your own lawyer.
For more information on DUI/DWI Law In New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (856) 499-8066 today.