Being charged with driving under the influence (DUI) of alcohol or drugs can result in serious repercussions. A DUI conviction can cast a long shadow over your life, affecting everything from your employment prospects to your personal relationships, even after you have fulfilled the terms of your sentence.
Fortunately, our team is well-versed in the intricate legal landscape surrounding DUI charges. We deeply understand the complexities involved in such cases and are committed to defending against your charges. This includes gathering all pertinent evidence that could strengthen your position and carefully examining the circumstances surrounding your charge for any procedural errors or potential defenses. We will construct a personalized defense strategy tailored to your specific needs.
For a free case review with our DUI and DWI defense lawyers, contact the Lombardo Law Group, LLC by calling (609) 418-4537.
Understanding DUI and DWI Laws in Folsom, NJ
In Folsom and throughout New Jersey, under statute N.J.S.A. § 39:4-50, it is illegal and considered driving under the influence (DUI) for any person to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more. However, a driver can be convicted of the lesser charge of driving while intoxicated (DWI) even if their BAC was below 0.08% if their ability to drive was impaired because of the consumption of alcohol or drugs. Regardless of your charge, our DUI and DWI defense lawyers are here to help protect your rights. Penalties for a first offense can be steep, but the consequences only worsen for additional offenses.
First Offense Penalties
If you are caught driving for the first time with a blood alcohol concentration (BAC) of 0.08% to 0.10%, you could face a fine ranging from $250 to $400, up to 30 days in jail, and lose your license for three months. If your BAC exceeds 0.10%, fines increase to between $300 and $500. You might also have to spend time in jail or install an ignition interlock device in your car to prevent future instances of drunk driving. Additionally, your license could be suspended for several months.
If your BAC is 0.15% or more, you could face all the penalties mentioned above, along with a license suspension lasting four to six months. Those convicted of driving under the influence of drugs face even stricter penalties. For a first-time DUI conviction involving drugs, you could lose your license for a minimum of seven months, which could extend up to a year.
Additional Offenses Penalties
If a person is convicted of a second DUI or DWI, they could face imprisonment for up to 90 days, along with hefty fines ranging from $500 to $1,000 and a suspension of their driver’s license for one to two years.
In cases where a person is convicted for subsequent DUIs, the penalties become even harsher. The defendant can expect to pay a minimum of $1,000 in fines, have their license suspended for up to eight years, and might even face a jail sentence of up to six months.
Defenses that Can Be Used to Challenge a DUI or DWI in Folsom, NJ
It is crucial to clearly understand the defense options available to you when facing DUI or DWI charges in Folsom. A solid defense strategy could lead to a potential acquittal, reduction in charges, or even dismissal of the case altogether.
Challenge the Field Sobriety Test
Field sobriety tests (FSTs) are a set of standardized physical and cognitive exercises used by law enforcement to determine if a driver is driving under the influence of alcohol or drugs. Although FSTs are widely used, their reliability has been questioned numerous times.
First, certain medical conditions or disabilities can impact a person’s balance or coordination, leading to poor performance on FSTs. For example, a person suffering from a neurological disorder, such as Parkinson’s disease, might struggle to perform certain exercises that require balance and coordination, even if they are sober. Similarly, a person with a physical disability might find it challenging to perform exercises that require a certain level of physical agility.
Second, environmental factors such as uneven road surfaces, poor lighting, or extreme weather conditions can also affect the results of FSTs. For instance, if the test is administered on a road surface that is uneven or slippery, it can be difficult for the driver to maintain balance, which can lead to inaccurate results.
Finally, the officer’s training and execution of the test can also impact the reliability of the test results. If the officer administering the test is not adequately trained or does not execute the test correctly, the results can be called into question. For example, if the officer provides unclear or inconsistent instructions, it can confuse the driver and lead to inaccurate results.
Challenge the Breathalyzer Test
Breathalyzer tests are used to measure a driver’s blood alcohol concentration (BAC), but these tests also have limitations, and their results can be challenged. For instance, certain medical conditions, dietary factors, or even the use of certain medications or mouthwashes can produce falsely high BAC readings.
Breathalyzers require regular maintenance and calibration to ensure accurate results. If the device used in your case was not properly maintained or calibrated, or if the officer administering the test was not properly trained, the accuracy of the test results can be challenged.
Additionally, according to N.J.S.A. § 39:4-50.2, a breath test is admissible in court only if administered following specific procedures. These procedures include observing the individual for a certain amount of time prior to the test, ensuring the device is working properly, and administering the test in a specific manner. The breath test results could be excluded from evidence if these procedures were not followed.
Constitutional Defenses
Constitutional defenses involve challenging the legality of the police stop, arrest, or evidence collection in your DUI case based on constitutional principles. For instance, the Fourth Amendment protects individuals against unreasonable searches and seizures. If the police officer did not have reasonable suspicion to initiate a traffic stop or probable cause to arrest you for DUI, any evidence collected during the illegal stop or arrest could be suppressed.
Further, the Fifth Amendment guarantees the right to remain silent and protection against self-incrimination. This means that if you are taken into police custody and interrogated, you have the right to refuse to answer any questions that could be used against you in court. Additionally, if the police fail to inform you of your Miranda rights before questioning you, any statements you make during the interrogation might be inadmissible as evidence.
Our Folsom, NJ DUI and DWI Defense Lawyers Are Here to Help
Call the Lombardo Law Group, LLC at (609) 418-4537 for a free analysis of your case with our DUI and DWI defense attorneys.
