Advising DUI/DWI Defendants in Newton & Sussex County
Protecting your rights after a drunk driving arrest
Many people in Morris, Passaic, Sussex and Warren Counties know someone who has been convicted of driving under the influence (DUI). This makes DUI different from most other types of crimes and also leads many to underestimate the seriousness of the charge. However, DUI is, in fact, a very serious offense that can have a lasting effect on your life. Facing these consequences alone, without legal counsel, is a big risk. As part of our 50-year commitment to providing the most commonly needed legal services to your friends and neighbors in Newton, our team at Hollander, Strelzik, Pasculli, Pasculli, Hinkes, Wojcik, Gacquin, Vandenberg & Hontz, L.L.C. has represented individuals in DUI prosecutions and related matters throughout northwestern New Jersey.
What is DUI in New Jersey?
For an adult, DUI in New Jersey means operating a motor vehicle or a powerboat with a blood alcohol concentration of .08 percent or higher. For drivers under the age of 21, anything above .01 percent qualifies as DUI. This is a per se rule, meaning that you can be charged and convicted even if there is no evidence that your ability to drive was actually impaired.
BAC levels are most often proved through chemical testing of a driver’s blood and breath. If you have a driver license in New Jersey, you have already consented to having this test performed if police have probable cause that you are intoxicated. Refusing to submit to testing is a criminal offense independent of the DUI, which results in fines, license suspension and other DUI consequences. These charges can stand even if you are not ultimately convicted of DUI.
Common issues in New Jersey DUI cases
There are several legal issues that DUI defense attorneys usually examine when evaluating a case:
- The reliability of chemical testing
- The reasonableness of the stop
- The probable cause for chemical testing
DUI is a fairly straightforward offense, but if there are issues concerning the means through which the supporting evidence was obtained, that evidence may be excluded. At best, the exclusion of key evidence, such as the results of chemical testing, can lead to a case being dismissed. However, even the possibility of evidence being excluded can provide leverage for negotiating with the prosecutor.
Contact a New Jersey firm that will give you the help and support you need
DUI is too serious to face alone. If you have been charged with an alcohol-related motor vehicle crime, our Newton attorneys at Hollander, Strelzik, Pasculli, Pasculli, Hinkes, Wojcik, Gacquin, Vandenberg & Hontz, L.L.C. can explain your rights, identify weaknesses in the case against you and vigorously push for a dismissal or plea bargain. Call our office today at 862-273-3465 or contact us online to set up a consultation. Our attorneys serve Warren, Passaic, Morris and Sussex Counties and all of north New Jersey.