If you are facing a DUI or DWI charge in Mullica, you do not have to navigate this stressful process alone. Our firm has spent years helping the accused fight their charges.
We can explain the charges against you, the potential penalties you might be facing, and the best defenses available. With our advocacy, you can fight for the best possible outcome in your case, whether that means having your charges reduced or dismissed, negotiating a plea deal, or taking your case to trial. We will work tirelessly to protect your rights through the prosecution, helping to minimize the impact on your life.
Call our DUI and DWI defense attorneys at the Lombardo Law Group, LLC at (609) 418-4537 for a free case assessment.
How DUI is Charged in Mullica
In Mullica, a driver who is 21 years of age or older and has a Blood Alcohol Concentration (BAC) level of 0.08% or more is considered to be driving under the influence (DUI) and will be charged accordingly as per N.J.S.A. § 39:4-50. However, there are a few exceptions to this rule. For example, commercial vehicle drivers are held to stricter standards and are subject to a lower BAC limit of 0.04%. Additionally, for drivers who are under the legal drinking age of 21, any measurable amount of alcohol in their system can lead to a DUI charge.
To avoid serious repercussions, drivers should never get behind the wheel intoxicated. However, mistakes happen. When they do, you will want a DUI and DWI defense attorney who knows how to challenge the prosecution’s case against you. Even first-time offenders can be punished harshly. Thus, it is important to know not only what your rights are during a DUI stop but also what responsibilities you have.
Penalties for Refusing the Breathalyzer Test
It is considered a serious offense in Mullica if you refuse to submit to a breath test. The penalties for refusing the first time can result in fines ranging from $300 to $500, a DMV charge of $1,000 per year for three years, and a license suspension of seven months to one year. Refusing a breathalyzer test can have long-term consequences besides these, including making work difficult and putting a strain on your relationships because of your long license suspension.
Penalties for DUI
The penalties for a first-offense DUI are not to be taken lightly, as they are intended to discourage drivers from committing the same offense again in the future. These penalties can include fines and assessments of approximately $1,000, a three to 12-month driver’s license suspension, surcharges totaling up to $3,000, and up to 30 days in jail.
Apart from these penalties, offenders might also be required to complete 12-48 hours of education at an Intoxicated Driver Resource Center (IDRC), where they will learn about alcohol and highway safety.
If a person is convicted of a second DUI offense, the penalties can be even more severe. The driver usually faces higher fines, longer license suspension periods, and mandatory community service. Additionally, a second offense can lead to mandatory jail time of up to 90 days.
For a third or subsequent DUI conviction, the penalties become life-altering. The offender might face a mandatory 180-day jail sentence, a ten-year suspension of their driver’s license, and other severe penalties. Depending on the defendant’s circumstances, prison time is not out of the question for repeat offenders, especially if an injured victim is involved.
How DWI is Charged in Mullica
According to N.J.S.A. 39:4-50, a person is also considered to be driving while intoxicated (DWI) if they operate a motor vehicle with a BAC of 0.08% or higher. However, what distinguishes it from DUI is that you can still be charged with DWI if your BAC is below the 0.08% limit, but your driving ability is impaired because of alcohol consumption.
The penalties for a first-time DWI offender in Mullica can be as severe as a DUI. For instance, if the driver’s BAC is between 0.08% and 0.10%, they can face fines of up to $400, mandatory participation in drug and alcohol education programs, and a three-month license suspension. However, if the driver’s BAC is 0.10% or higher, the license suspension period increases to seven months and one year, and the fines can go up to $500.
A second offense carries mandatory jail time of two days to 90 days, a fine ranging from $500 to $1,000, and a two-year license suspension. For third and subsequent offenses, penalties include a mandatory 180-day jail sentence, a fine of up to $1,000, and a ten-year license suspension.
Keep in mind that a DWI conviction is still serious, if still a lesser charge than a DUI. A DWI conviction can have just as many lasting consequences, such as higher insurance rates, difficulty finding employment, and even imprisonment.
Evidence Commonly Used in Mullica DUI and DWI Cases
One of the best ways to fight any DUI or DWI case is to find weaknesses in the evidence used by prosecutors to prove a driver’s guilt. Much of the evidence is based on the arresting officer’s subjective observations, leaving ample room to challenge their findings. The following are common pieces of evidence used in a Mullica DUI case:
Field Sobriety Tests
Field sobriety tests (FSTs) are often the first piece of evidence collected in a DUI or DWI case. These tests, which might include the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand tests, are used by police officers to assess a driver’s physical and cognitive impairment.
While these tests can provide valuable evidence of impairment, they are not infallible. Various factors, such as medical conditions, uneven road surfaces, and improper administration, can affect the reliability of FST results.
Breathalyzer Test Results
As mentioned, breathalyzer tests measure a driver’s BAC. However, breathalyzer results can also be subject to errors. Factors such as calibration issues, operator error, and the presence of certain medical conditions or substances can affect the accuracy of breathalyzer readings.
Blood and Urine Tests
In some cases, blood and urine tests might be used to determine a driver’s level of impairment. These tests can detect the presence and concentration of alcohol or drugs in a driver’s system and are usually used when a driver refuses a breath test.
However, like other tests, blood and urine tests are not foolproof. Issues with sample collection, storage, and analysis can potentially lead to inaccurate results, which can be challenged in court.
Officer Observations and Testimony
The arresting officer’s observations and testimony often play a significant role in these cases. The officer might testify about the driver’s behavior, appearance, driving pattern, and performance on field sobriety tests.
While officer testimony can be compelling, it is subjective and can be challenged during questioning in court. Factors such as poor lighting conditions, the officer’s lack of training, or inconsistencies in the officer’s report can cast doubt on their observations, directly affecting their credibility with the court.
Our Mullica DUI and DWI Defense Attorneys Are Here to Defend the Charges Against You
For a free case review with our DUI and DWI defense lawyers, contact the Lombardo Law Group, LLC by calling (609) 418-4537.
