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This is the section for New Jersey
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Jersey Statute § 39:4-50 Driving While Intoxicated
Also known as
“DWI” or “DUI,” drinking and driving is taken very seriously in New Jersey
and the consequences upon a New Jersey driving while intoxicated conviction
are severe. While being convicted of a NJ driving while intoxicated charge
does not result in a criminal conviction, you will nonetheless be severely
fined, have your license suspended, be compelled to participate in intoxicated
driver program in order to have your NJ license or privileges reinstated,
and may have to install an ignition interlock device on your vehicle.
Many NJ DWI
/ DUI arrests occur in Bergen County, New Jersey. Our lawyers defend people
charged under NJ Statute 39:4-50, DUI, in all criminal courts of Bergen County.
Our Bergen County, NJ driving while intoxicated criminal defense lawyers strive
hard to prevent you from being found guilty of DWI in New Jersey under statute
NJ DWI Penalties
The first time
a person is convicted in Bergen County, NJ for driving while intoxicated under
39:4-50 the penalties include loss of license ranging from 3 months to a year,
fines between $250.00 and $500, $3,000 in surcharges, and $275.00 in miscellaneous
fees. In addition, to get your NJ license back you must take and pay for the
intoxicated driver program as well as must potentially have to install an
ignition interlock device on your vehicle which you will have to pay for as
well. The fines and license suspension periods are even more severe for multiple
offenders, the license suspension period ranging all the way up to 10 years.
to do if you are arrested for a NJ DWI
If you have
been arrested for driving while intoxicated in Middlesex County, NJ we know
you are nervous, scared and confused. However, you have come to the right
place. Our NJ DUI defense lawyers represent people who have been arrested
for New Jersey DWI in Union County, Essex County, Mercer County, Monmouth
County, Somerset County, Burlington County, Morris County, Sussex County,
Hudson County, and Warren County in addition to Middlesex and Bergen Counties.
We will get you through the process with ease and confidence.
If you have
been arrested for DWI in New Jersey first, don’t panic! We are here for you.
Also, start saving money for legal and court fees. When you retain our office
to defend you against your NJ DWI case we will make sure that you do not plead
guilty too soon, but if upon investigation we see that the state has a strong
case against you we will advise you appropriately so that you do not waste
your resources. If your New Jersey DUI arrest was a wakeup call and you need
help, we can refer you to a local counselor.
New Jersey statute § 39:4-50.4a. Revocation for Refusal
to Submit to Breath Test
municipal court shall revoke the right to operate a motor vehicle of
any operator who, after being arrested for a violation of R.S.39:4-50
or section 1 of P.L.1992, c.189 (C.39:4-50.14), shall refuse to submit
to a test provided for in section…”
In New Jersey
when you are arrested for DUI you must take a Breathalyzer test. This is because
by accepting a license in New Jersey or driving on the roads of the state,
you give implicit consent for this test, known as "implied consent."
Refusing to take the breath test results in additional charges.
If convicted you will face the same loss of driving privileges as a if you
were convicted of NJ driving while intoxicated, whether or not your DWI case
There are defenses
to a refusal to submit to a chemical breathalyzer test, and the burden of
proof of refusal is on the state. For a chemical test refusal to be found
as valid under NJ § 39:4-50.4a, the state must prove that:
was probable cause to believe that the defendant operated while under the
influence of alcohol
the defendant had been placed under arrest
the defendant refused to submit to a chemical breathalyzer
the demand for a breath sample was made by a police officer who had probable
cause to suspect that the defendant operated a motor vehicle in an intoxicated
state in New Jersey
the attempt to administer the test was done so lawfully
If you have
been charged with NY DWI, 39:4-50 and refusal to submit to a chemical test,
NJ § 39:4-50.4a in Union County, NJ, our New Jersey Union County DWI defense
lawyers can represent you in defending against both the charge and refusal.
to defense of a DUI chemical test refusal in Monmouth County, NJ by undermining
the elements the state must prove, our Monmouth County, New Jersey DWI lawyers
can assert an affirmative defense if the defense is available in your situation.
refusing to submit to a DWI chemical test in Monmouth County, New Jersey are
the same as in Essex County, NJ, Mercer County, New Jersey, and all parts
of the state. Our NJ DWI defense lawyers can assert that our client was confused
about the legal obligation to provide a breath sample. Further, a defense
to § 39:4-50.4a refusal to submit to a breath test is available in a Somerset
County, NJ DWI case when the defendant was physically and medically unable
to provide a sample due to medical conditions or trauma.
Driving Program (IDP)
If you are convicted
of a NJ DWI in Hudson County, NJ you will be required to take and successfully
complete the New Jersey intoxicated driving program, or IDP. In fact, your
NJ driver’s license will be suspended indefinitely until you successfully
complete the program.
If you are a
first time NJ DWI offender in Sussex County convicted of driving while intoxicated,
§ 39:4-50, you will be sentenced to a 12 hour program in Sussex County, NJ.
A second time offender in Burlington County, NJ or any other county will be
sentenced to a 48 hour treatment plan in an inpatient regional facility. Third
or subsequent offenders get sentenced to jail, inpatient alcoholism treatment,
Morris and Warren Counties, New Jersey DWI defenders
If you are arrested
for DWI in Morris County, NJ or Warren County, New Jersey, you need a competent
NJ DUI defense lawyer on your side. In Warren or Morris County, or anywhere
else in New Jersey from Atlantic County to Passaic County and anywhere in
between, the deck is stacked against you. For example, one restriction is
that by law the prosecution cannot offer you a plea bargain to a lesser charge.
There is no right to a jury trial. All New Jersey DWI cases must be completed
within 60 days. Further, the case cannot be automatically dismissed for the
complaining police officer witnesses failing to appear in court for trial.
Nor is evidence of non-intoxication by extrapolation permitted by the defense
in a Bergen County NJ DWI trial.
of State Drivers
If you possess
an out of state driver’s license from New York, Connecticut, Pennsylvania,
Maryland, Delaware, or any other state, there are additional requirements
placed upon you for being convicted of NJ DWI, § 39:4-50. Your privileges
to drive in NJ will be suspended. Your home state will be notified and may
suspend your home state’s driver’s license. If you live close to New Jersey
you will be required to participate directly in the NJ intoxicated driving
program. If you are deemed to live too far away, you must complete your state’s
certified educational program for DUI offenders. Attendance and completion
is mandatory. In addition, you must also participate in a comprehensive drug
and alcohol assessment conducted by a clinician/counselor licensed or certified
in your state and complete all treatment requirements.
If you have
been charged in NJ with driving while intoxicated, § 39:4-50 – call us today!
We offer no cost, no obligation consultations. We will listen to you and help
you begin to shape a defense and get you out of the situation. We are here
to help in this time of uncertainty and need.
Attack That Ticket New Jersey
CALL: 1-877-99-NoTix (1-877-996-6849) Email: NJinfo@attackthatticket.com
Prior results do not guarantee a similar outcome.
Attack That Ticket for speeding ticket lawyers in NJ, as well as Rhode Island traffic ticket attorneys. As Rhode Island Traffic Court Lawyers they also handle DUI DWI. How to fight a RI speeding ticket, How to defend a DWI in Rhode Island, DUI defense Rhode Island. Do you have a suspended license in Rhode Island? Aggravated Unlicensed Operation. How to defend a drunk driving charge in RI, Traffic Lawyers. We are also criminal defense lawyers.
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