Why Do You Need a DUI Lawyer in New Jersey?
Driving can be thrilling and enjoyable, but driving while intoxicated can have a devastating impact on your life. If you have been arrested and accused of DUI (driving under the influence), it is important that you contact a DUI attorney as soon as possible.
A New Jersey DUI lawyer can help you resolve these issues. Your attorney will have the necessary experience and competence to represent you in court effectively and craft a defense. There are several highly qualified and experienced counsel available to hire at the time of your need.
What should you do when faced with a DUI charge?
An arrest for Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) can be frightening and upsetting, but understanding what to expect from the legal procedure can help you deal with the situation.
- Maximize respect and minimize small talk
Many drivers have heard of ways to help them avoid accusations of driving under the influence. One of the suggestions is to minimize small talk when engaging with law enforcement. However, this does not mean that you can be rude. Always be respectful when interacting with the police. You are not legally required to respond, and you may answer that you were instructed not to respond to any specific query.
- Avoid on-site testing
Once the police officer suspects that you may be intoxicated, they may begin a to-do list to determine whether you legally are. You may be asked to take on-site tests, such as an evaluation of your alertness, hand-eye coordination, comprehension, and Breathalyzer.
Remember, none of these tests are an exact science, and some sober drivers have been found to be intoxicated based on faulty testing, so be sure to minimize your involvement.
- Carry out only the necessary tests
Although you are not required to participate in a field sobriety test, you are required by law to submit a blood or breath test. If you refuse to take one of these exams, your license may be automatically revoked, and the court may hold your refusal against you in the criminal proceedings.
Blood tests are usually more accurate than breath tests, but the time between arrest and visit can affect the outcome of your DUI case. Breath tests are easier to obtain, but more conditions can affect the validity of the test.
When faced with these options, many clients do better when using the blood method. If you are unsure of how to handle your case, you can contact a DUI lawyer in NJ for assistance.
- Gather as much information as possible
When it comes to mounting a defense in your case, your data collection can be very beneficial. It is essential that you write down all the details and interview witnesses who can provide statements in your case. Every aspect of your case should be recorded, including:
- The time, date, and place of the arrest
- The actual reason behind the initial arrest
- Which breath analyzer the law enforcement officer used
- All tests performed in the field or while in custody
- How much alcohol you consumed
- Whether there were any witnesses to your arrest
What are the different types of DUI Charges?
In the United States, about 28 people are killed in drunken-driving accidents every day, or one every 52 minutes. Some of the primary forms of DUI charges include:
Generally, when the driver exceeds the legal blood alcohol limit but does not cause many injuries or property damage while driving under the influence, a DUI misdemeanor may apply. In most cases, people who face DUI misdemeanors are arrested because of erratic driving that does not cause extensive injuries or property damage.
These defendants may face approximately one year in prison and a fine of up to $1,000. Repeat offenders can still be charged with misdemeanors and face higher fines and harsher penalties than first offenders.
- Felony driving while intoxicated
An intoxicated driver who seriously injured others or caused substantial property damage may be charged with a felony. The penalty for a felony driving while intoxicated can be five years in prison and a $5,000 fine.
- Involuntary manslaughter due to drunken-driving
A person convicted of DUI homicide may face a second-degree felony and can be sentenced to 15 years in prison. If the person also committed other crimes, such as fleeing the scene or resisting arrest, the penalty may be increased.
What does a DUI lawyer do in New Jersey?
Most DUI offenders would not be able to defend themselves as well as an experienced NJ DUI lawyer could. Here are some of the things that a DUI attorney can do for you that you probably could not (or would not know how to) accomplish on your own:
- Keeping quiet when it counts
One of the advantages of having someone else represent you is that a qualified DUI lawyer can teach you when to keep quiet. A skilled legal professional may also advise you against testifying in your own defense, which could expose you to questioning by prosecutors.
- Being well-acquainted with the local courts
A local DUI lawyer will likely be far more familiar with and experienced in the courtroom than you are. Even if your DUI lawyer is not in front of a judge as much as a public defender, you might choose an attorney who has a lot of experience with area judges, juries, and court rules.
- Monitoring of legal deadlines and documents
Many steps in the DUI case have strict deadlines, and you may miss some of them on your own. You may need to file a number of motions in your criminal case, and your attorney can file these documents before the deadline on your behalf.
- Negotiate with tough prosecutors
DUI lawyers often work with local prosecutors to negotiate solutions or propose alternatives to imprisonment for criminals who drive while under the influence of drugs or alcohol. These lawyers often have years of goodwill, trust, and negotiation skills that you probably lack.
When dealing with allegations of driving under the influence, you should consider enlisting a New Jersey DUI attorney to be on your side because of the potential severity of the penalties. Contact us as soon as possible for a better tomorrow.