If you’ve been accused of a DUI, you may be facing serious consequences, including jail time, a permanent mark on your driving record, license suspension, and fines and fees that could affect you for years to come. The legal blood alcohol content limit for drivers in New Jersey is 0.08%. If you are stopped and arrested under suspicion of DUI, you are legally required to submit to chemical testing. Failure to take a chemical test if you have been arrested will result in additional charges and license suspensions and the fact you refused to take the test can and will be used as evidence against you in court.
New Jersey is an implied consent state, meaning that when you choose to drive in New Jersey, you implicitly agree to take any chemical drug or alcohol test if arrested under suspicion of DUI. A first-time refusal to take such a test will result in a license suspension of 7 months. If you’re facing a DUI conviction, you need an Elizabeth DUI lawyer who can either defend your case in court, or help you come up with a plea bargain that could protect your driving record, your freedom, and your driving privileges. Because the consequences of DUI are so high, you need a skilled criminal defense attorney to protect your rights. Law Office of Eric M. Mark can help you build a strong DUI plea bargain or defense.
As an Elizabeth attorney could share, the consequences of even a first offense DUI are rather serious. If you are found to be driving with a BAC above 0.08% you can face:
Under a new law yet to go into effect, drivers may be allowed to retain their driving privileges but will be required to use an ignition interlock device. This device is placed inside your vehicle and will require you to submit to a breath test each and every time you drive and every 20 minutes while you are driving. If your BAC is above 0.00, your car will not start.
Additionally, there are non-criminal consequences associated with having a DUI on your driving record in New Jersey. If you’ve been convicted of a DUI in New Jersey, you may be required to carry high-risk auto insurance. You will be required to submit an SR-22 certificate to the DMV showing that you are carrying appropriate auto insurance given your past drinking and driving conviction. Not all insurance companies will insure SR-22 drivers. This means that if you are convicted of a DUI, you run the risk of losing your current insurance. SR-22 insurance can be quite cost-prohibitive, because it is considered a high-risk insurance. Your license will not be reinstated in New Jersey unless you carry the proper SR-22 insurance. In general, SR-22 drivers are not insured by all insurance companies. But you can find Truly Insurance Online and similar others and get a SR-22 insurance as it is required for three years following a DUI conviction.
The consequences of being convicted of a DUI are very serious. Not only is your freedom at stake, but so is your reputation and your driving privileges. Furthermore, the long-term financial consequences of a DUI conviction can be economically devastating. Many people simply can no longer afford to drive following a conviction. In order to prevent the worst of these consequences, you need a lawyer who can help you build the strongest defense for your case. The Law Office of Eric M. Mark has the experience and the ability to help you get the best outcome for your case.
What strategies can your DUI defense attorney use to protect your rights in Elizabeth? There are a number of strategies your lawyer can employ to help you mount a strong defense. For one, your lawyer can craft a plea bargain in which you will plead to reckless driving rather than drunk driving, though this is very rare and almost never happens. In some cases, this can protect you from some of the harsher DUI penalties. Your lawyer can also review the circumstances of your arrest. Officers must establish that they had reasonable suspicion before stopping you for a DUI. For instance, if you only drifted once within a lane, this is not sufficient grounds for reasonable suspicion, because one drift within a lane in New Jersey is not illegal. Officers must also use proper procedures when arresting an individual in New Jersey. Failure to follow procedures on field testing or during the breath test can result in the evidence being thrown out and maybe even a dismissal.
Officers are required to properly observe you and to perform more than one test in order for chemical tests to be considered valid. Additionally, your lawyer may evaluate the results of any field sobriety tests performed upon you. Research performed by the National Highway Traffic Safety Administration has shown that these tests can be highly inaccurate and produce false positives, especially if officers are not properly trained in administering these tests. Additionally, certain health conditions can result in individuals failing these tests. Your lawyer will review your medical history to see if you qualify. Moreover, a single blood or breath test might not produce accurate results. Your lawyer can review the results of these tests, as well as the circumstances in which these tests were administered, to determine whether the results are valid and admissible in court. The Law Office of Eric M. Mark has a variety of legal strategies at its disposal to help individuals accused of a DUI. Seeking qualified legal counsel can ensure the best possible outcome for your case.
The Law Office of Eric M. Mark has the experience and the skill to represent individuals accused of a DUI. Our firm works diligently to review the unique circumstances of each case to protect your rights, your freedom, and your record. The consequences of a first-time DUI can be serious. You need an Elizabeth DUI lawyer to ensure the best possible outcome for your case. Contact the firm today for help.
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