Essex County NJ DUI Law


In Essex County and throughout New Jersey, drunk-driving is taken very seriously.  Anyone driving with a blood alcohol concentration (BAC) of .08% or higher is guilty of driving under the influence (DUI)/driving while intoxicated (DWI).  However, a driver whom the police believe is impaired by alcohol can also be found guilty of DWI / DUI.  Police officers are trained to detect driver impairment as a result of alcohol and a person can be convicted based upon an officer’s observations alone. 

DUI PENALTIES IN NEW JERSEY


The penalties for driving while intoxicated/driving under the influence are severe.   Those convicted of drunk driving face stiff fines and surcharges, loss of driving privileges and possibly incarceration.  Subsequent DWI / DUI convictions may result in even higher fines and mandatory jail. 

FIRST OFFENSE – DUI


Blood Alcohol Level (BAC) of .08%-.09%

Imprisonment: Up to 30 days

License suspension: 90 Days

Fines: $250 – $400 plus fees

Surcharge: $1,000 a year for 3 years

Intoxicated Drivers Resource Center (IDRC): 12 – 48 hours

BAC of .10% or more

Imprisonment: Up to 30 days

License suspension: 7 months to 1 year

Fines: $300 – $500 plus fees

Surcharge: $1,000 a year for 3 years

IDRC: 12 – 48 hours

Interlock: 6 months to 1 year for BAC .15 or more

SECOND OFFENSE – DUI


Imprisonment: at least 48 hours and up to 90 days

License Suspension: 2 years

Fines: $500 – $1,000 plus fees

Surcharge: $1,000 a year for 3 years

Interlock: 1 – 3 years

Community Service: 30 days

IDRC: 12-48 hours

THIRD OFFENSE – DUI


Imprisonment: 180 days mandatory

License Suspension: 10 years

Fines: $1,000 plus fees

Surcharge: $1,500 a year for 3 years

Interlock: 1 – 3 years

IDRC: 12-48 hours

DEFENDING DUI CASES


No Basis for the Stop


The police cannot pull individuals over for no reason.  The police officer must have an articulable and reasonable suspicion that the driver has committed a motor vehicle violation.  If there is no reason for the motor vehicle stop, all evidence collected thereafter is impermissible.  The Sloan Law Firm collects the dashcam video and all audio available of the motor vehicle stop to ensure that the police had a valid basis for the motor vehicle stop.  If not, the Sloan Law Firm can file a motion to dismiss the case on behalf of the client.

Lack of Evidence Demonstrating Intoxication


Police officers use a breathalyzer machine to test for intoxication. The breathalyzer is known as the Alcotest.  The Alcotest examines the driver’s BAC at the police station.  Anyone driving with a BAC of .08% or higher is guilty of driving under the influence.   The Sloan Law Firm examines whether the police officers followed protocol in administering the test. If not, a motion to dismiss the case can be filed to dismiss the case on behalf of the client. 

If you have been charged with DUI in Newark, East Orange, Bloomfield, West Orange, Montclair, Nutley, Livingston, Maplewood, Millburn, Verona, Caldwell, Belleville, Cedar Grove or any other town in Essex County, it is a good idea to consult with an Essex County NJ DUI Lawyer.  Attorney Daniel Sloan is a New Jersey Criminal Defense Attorney.  The Sloan LawFirm handles DWI cases throughout Essex County, NJ and offers free initial consultations - (908) 358-2938.

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