Monmouth County NJ DWI and DUI Defense Attorneys
New Jersey law is extremely stringent with regard to offenses for driving while intoxicated (DWI) or driving under the influence (DUI). As a result, the penalties incurred by those convicted of these offenses are very serious and can cause a significant disruption to their lives. With a skilled defense attorney by your side, you may be able to avoid or decrease some of these consequences, which may include a term of driver’s license suspension, hefty fines, and even a jail sentence.
DWI and DUI cases vary extensively based on a host of contributing factors, including: the individual’s blood alcohol content (BAC), if he or she has been convicted of DWI previously, if the stop occurred within a school zone, if the person refused to submit to a breathalyzer test (Alcotest: the primary mechanism for determining BAC), and if the driver is not currently of eligible legal age to consume alcohol in New Jersey (21). Each of these components, as well as a number of others, are addressed in more detail in the accompanying pages.
At Chamlin, Rosen, Uliano & Witherington, we employ all means necessary to ensure that our clients are protected from the full impact that a DWI or DUI conviction can have on their lives. With a variety of specifically-formulated tactics for fighting these charges, our attorneys carefully examine every facet of a DWI case, from the circumstances that preceded the stop to the procedure followed during and after the arrest. We have had countless successes defending clients against DWI charges due to our attentiveness and precision when evaluating these cases. If you or someone you love has been charged with DWI in New Jersey, contact our office today at 732-440-3950 or toll free at 888-328-9131 for a free consultation.
Red Bank NJ DWI and DUI Defense Attorneys
The attorneys at Chamlin, Rosen, Uliano & Witherington have defended clients charged with an assortment of offenses associated with DWI and DUI in New Jersey, some of which include:
- First Offense DWI
- Second Offense DWI
- Third Offense DWI
- DUI (Driving Under the Influence of Drugs)
- Underage DWI
- DWI in a School Zone
- Refusal to Submit to a Breathalyzer Test
The articles below answer some other important questions related to DWI and DUI charges in New Jersey:
Manasquan NJ DWI Defense Lawyers: Identifying Procedural Errors to Achieve a Dismissal
Probable Cause for the Stop
- A police officer is required to have probable cause in order to stop a driver for a motor vehicle violation such as speeding or failure to observe a signal. In a DWI case, the officer who makes the stop must prove that he or she had probable cause for the stop prior to issuing a field sobriety test or making an arrest. If the officer cannot provide proof to support the stop, this often affords us the leverage necessary to achieve a dismissal or to negotiate with the Prosecutor for less severe penalties.
Field Sobriety Tests
- If there is, indeed, probable cause to stop a driver for a traffic violation, the officer is then required to have probable cause to arrest the person for a DWI or DUI. In order to do so, police often conduct a series of field sobriety tests, which typically include standardized tests developed by the National Highway and Traffic and Safety Administration such as the “one-leg stand” or the “walk and turn.” However, if the officer does not sufficiently adhere to protocol by failing to give proper instructions or otherwise misconducting the tests, the probable cause established is no longer valid and thus, neither is the arrest. Any evidence to support the DWI charge obtained thereafter, such as the Alcotest reading, is no longer admissible in court, which frequently leads to the dismissal of the case.
- View the Following Link to Access the National Highway and Traffic and Safety Administration’s Standardized Field Sobriety Testing Procedures
The 20 Minute Observation Period
- New Jersey law mandates that an officer who makes an arrest for DWI or DUI must observe the individual accused of the offense for 20 minutes in a solitary environment before administering the Alcotest in order to ensure that nothing occurs during this period to potentially skew the BAC reading. For example, smoking a cigarette, chewing gum, consuming food, or vomiting may undermine the validity of the Alcotest reading by altering the alcohol level within the individual’s mouth. Therefore, if the individual is left alone at all during the 20-minute observation period, the Alcotest is no longer a viable means by which to confirm the accuracy of the BAC reading, providing grounds for a dismissal.
The Alcotest 7110 Machine
- One of the most common violations of a person’s rights in New Jersey is the use of the Alcotest, our state’s breath test. This test has been found to be inaccurate and rarely maintained to standards. This can cause blood alcohol content (BAC) to register much higher than it actually is.
Contact Belmar NJ DWI and DUI Law Firm for a Consultation
For additional information as to how these Monmouth County DWI defense attorneys can assist you or someone you love in combating the State’s case and delivering the best chance of success, contact the West Long Branch, New Jersey office of Chamlin, Rosen, Uliano & Witherington at 732-440-3950 or toll free at 888-328-9131.