Blog Posts - Dui
DUI and DWI charges can be “aggravated” when minors are present
Most adults fully understand that it is not a good idea to drink and drive. Therefore, they do their best to wait a reasonable amount of time after drinking before getting behind the wheel of a car. The logic in this approach is sound, as the only thing that can...
Read MoreCan driving while on painkillers get me in trouble?
When people talk about driving under the influence of drugs, they often think of street drugs. However, medicines that your doctor lawfully prescribes to you could also get you arrested. In New Jersey, driving under the influence of drugs is illegal, and that includes prescription drugs that are classified as...
Read MoreWhy refusing a blood alcohol test is not a great idea
If a law enforcement officer pulls you over and you know that there is a risk that you’ve had more to drink than you should, you may be thinking “I’ll just stay silent.” While it is true that the Fourth Amendment to the U.S. Constitution protects individuals who have been...
Read MoreDon’t try these things to avoid a DUI charge
Are you planning on going out to drink with friends? If you notice one of your friends is attempting to drive after a few drinks, then you should stop them. Drinking and driving can result in a DUI charge. However, your friend may be convinced that there’s a simple trick...
Read More4 kinds of field sobriety tests
If the driver was driving on the centerline, ran a red light or violated traffic laws, for example, then the police may be under the suspicion that a driver is drunk and they’ll very likely perform a traffic stop. During this traffic stop, the police will ask a few simple...
Read More4 mistakes to avoid at a DUI traffic stop
Should you get out of your car? What information should you give to the police? These are some of the questions that may be running through your mind when the police pull you over on suspicion of drunk driving.It is worth noting that your words or actions after a DUI...
Read MoreUnderstanding reasonable suspicion and DUI stops
Looking in your rearview mirror and noticing the red and blue flashing lights can be a stressful situation. It’s only made worse if you discover the reason for the stop is because the police believe you are intoxicated. However, the police must have reasonable suspicion of criminal activity to pull you...
Read MoreCan you refuse sobriety testing if you’re pulled over?
Imagine if someone had a few drinks and thought they were safe to drive home. Whether it was because they were recklessly driving or because they had a tail light out, they were pulled over by police. The officer asked the driver to perform a Breathalyzer test.Sobriety tests, such as...
Read More2 Things to Do If You Are Stopped for Drunk Driving
Let’s take care of the obvious: do not drink and drive. Don’t drink and drive because you do not want to get arrested, have your license suspended, pay fines or end up in jail. Most importantly, don’t drink and drive because doing so endangers your life as well as other...
Read More3 ways drunk driving charges could affect someone's licenses
Accusations of driving while under the influence of alcohol could lead to prosecution. Drivers who plead guilty or are convicted of impaired driving will face numerous consequences. Jail time, probation, community service and fines are all possible penalties after a criminal conviction. Additionally, there could consequences for the driving privileges...
Read MoreWhat’s the difference between a DWI and DWI per se?
The drinking and driving laws in New Jersey are known as DWI (driving while intoxicated). If you violate these laws, you can face serious penalties if convicted of the crime. When you are pulled over and charged with a DWI, two different charges may apply. – DWI and DWI per se....
Read MoreWhen your teenager gets a DUI
If your teenager has been caught drinking and driving, you may feel a range of emotions – from shock and disbelief to anger and frustration. Drunk driving is a serious offense, and teenagers in New Jersey face severe consequences if convicted.This blog post will provide information on the consequences of...
Read MoreCan you challenge DUI evidence?
If you’ve been charged with driving under the influence of drugs or alcohol, there’s no doubt that the prosecution has evidence against you – but that doesn’t mean that their evidence is irrefutable.It’s important to remember that these are viable defenses to DUI charges. Every situation is unique, but here...
Read MoreThe true impact of an aggravated DUI conviction
If you have been arrested and charged with an aggravated DUI, it can be a scary and overwhelming situation. Many people facing DUI charges are worried about the possibility of jail time. While this is a potential consequence of a New Jersey DUI conviction, other consequences can also impact your life....
Read MoreWhat does “implied consent” mean?
Suppose you’ve gone out to dinner and had a drink while out. It was one drink, and you didn’t think anything about it before you got in your car to drive home. While driving home, you can get pulled over for any reason. Maybe your taillight is out, for example....
Read MoreA DUI affects more than your bank account
If you get a DUI, you may start thinking about the potential fines immediately. All of a sudden, choosing to drive home so that you didn’t have to pay for a cab cost you up to $400. You’re also probably concerned about increased insurance premiums, which could cost you for...
Read MoreBlood alcohol levels decrease at a rate of 0.015% per hour
There are cases in which people get pulled over for drunk driving, and they’re shocked. Maybe they just got up for the day. Perhaps they haven’t had a drink in hours. They definitely didn’t think they were over any sort of legal limit.But that’s not what the breath test says....
Read MoreField sobriety tests are outdated, unreliable
When an officer pulls over a suspected drunk driver, they may use their training to determine if their suspicion is correct. While it’s common to have a Breathalyzer test done, an officer may instead use field sobriety tests. You may be wondering what a field sobriety test is. Here’s what...
Read MoreHave you been ordered to use an ignition interlock device?
If you are convicted of driving under the influence (DUI), there is the possibility that the judge will order you to install an ignition interlock device(IID) before restoring your driving privileges. This device is used to prevent you from starting your vehicle if you have alcohol on your breath. Learning...
Read MoreHow can you stay out of trouble if going for a drink?
Drinking and driving come with many potential consequences. You could face a DUI charge and harm yourself or someone else. Because of the long-term impact that all these things can have on your life, it’s important to take steps to protect yourself. Have a designated driver Any time you go...
Read MoreBreath tests are often inaccurate
One of the most common things that police do to determine if someone is under the influence is to give them a breath test. This may be done after that individual has already gone through field sobriety tests or provided other indications that they may be impaired.In a lot of...
Read MoreSobriety checkpoints in South Jersey: What to know
Summer is here and with it comes many reasons to celebrate. Good food, music, and alcohol will be flowing at weddings, graduation parties, and family picnics. While it is fun to indulge a bit, it’s important that you don’t get behind the wheel of a car if you have had...
Read MoreAvoid these mistakes if you have been charged with DWI
Getting arrested for driving while intoxicated (DWI) can be frustrating, scary and confusing especially if you are a first-time offender. The steps you take following a DWI arrest and charge can have serious implications on your case. If you make certain mistakes, there is a pretty good chance you will...
Read MoreWhat is an ignition interlock device?
An ignition interlock device (IID) is a device installed in your vehicle to perform a breathalyzer test each time you wish to start the car. The device measures your blood alcohol content (BAC) when you breathe into the tube. If it exceeds 0.05%, then the car cannot start. Further, the...
Read MoreMust you use a car breath test system after a New Jersey DWI?
An arrest for driving while intoxicated DWI can affect your social standing and career. The more people that find out about the offense, the more likely it is for others to judge you or even exclude you from social events involving alcohol. You may want to keep the whole thing...
Read MoreCan I still challenge a DWI if I had too much to drink?
You have a responsibility to be fit to drive before taking the wheel. If you then get a DWI because you were not fit to drive due to consuming too much alcohol, a court is unlikely to have much sympathy. While they understand that people make mistakes and think they...
Read MoreWhat Is Considered Reasonable Suspicion for a DUI Stop?
Driving while impaired is a disorderly persons offense that is punishable by a fine and jail time. More extreme cases and repeat offenses could lead to a more severe conviction. Many people enjoy drinking in social settings and do so responsibly, but it is very easy to overdo it and...
Read MoreHow Can I Avoid a DUI Charge on St. Patrick’s Day?
Millions of people each year in the United States celebrate Irish heritage on St. Patrick’s Day. In fact, according to WalletHub, 57 percent of adults in the United States plan to celebrate the holiday. Pub crawls and other alcohol-related events are very popular on St. Patrick’s Day. The combination of...
Read MoreWhat Are the Penalties for a First DUI Charge in New Jersey?
What Are the Penalties for a First DUI Charge in New Jersey? Being charged with driving under the influence (DUI) can be a harrowing experience, but you may have legal options. With an experienced lawyer on your side, they can help you fight to get the best possible outcome. For...
Read MoreWhat Is the Open Container Law in New Jersey?
A New Jersey driver cannot possess an open or unsealed alcoholic beverage while in a vehicle. The law applies to both drivers and passengers. There are some exceptions regarding buses, taxis, mobile homes, house trailers, and similar transportation. However, for the everyday drivers of cars, trucks, and commercial transportation, no...
Read MoreWhat Is the Intoxicated Driving Program?
The New Jersey Intoxicated Driving Program (IDP) includes education, screening, treatment referral, and treatment services for persons convicted of alcohol or drug driving or boating offenses. If you have plead guilty or have been convicted of driving under the influence (DUI) in New Jersey, then you have to engage in...
Read MoreWhat Happens if I Miss My DUI Arraignment in New Jersey?
A driving under the influence (DUI) charge is serious and can be life changing for the accused, particularly if they are convicted. Missteps in the process can create even more problems for them as well, as New Jersey has strict rules, so knowing what is expected of you is critical....
Read MoreWhat Is a Commercial DUI?
When a person with a commercial driver’s license (CDL) is arrested for driving under the influence (DUI), they can get a commercial DUI charge. The commercial driver faces the penalty of having their CDL suspended if they are convicted. It is important to note that what is considered drunk driving...
Read MoreHow Can You Avoid a Drunk Driving Charge Over the Holidays?
Family reunions, parties, and countless celebrations can make the holiday season memorable. However, when you are coming to and from these festive occasions and you have been drinking, the chance of getting a driving under the influence (DUI) charge is high. The holiday season provides an opportunity for people to indulge,...
Read MoreWhat Should I Do if I am Charged With a Second DUI?
When a person is charged withdriving under the influence (DUI) in New Jersey, a natural reaction is fear. Knowing how much a DUI charge impacts a person’s life makes being charged with a second DUI an even more frightening experience. However, knowing your rights and understanding the legal process of...
Read MoreHow Can You Recover From a DUI Charge?
Being arrested and charged with driving under the influence (DUI) can be a traumatic experience. In a vast majority of DUI stops, it is the first time that the person has ever been arrested. It can be quite overwhelming not knowing what is going to happen and how it will...
Read MoreWhat Are the Penalties of a DUI Charge for Minors?
Parents may constantly remind their teenagers to stay away from alcohol and drugs, and particularly, not to drink and drive. However, there are times when teenagers break the rules. In New Jersey, the penalties of a driving under the influence (DUI) charge for minors are steep. Minors can be charged...
Read MoreHow Do I Avoid Getting a DUI Charge on Halloween?
Halloween is a fun holiday for both children and adults. Children get to dress up in their Halloween costumes and go trick-or-treating throughout their neighborhood, filling up their bags with candies. Also, many adults will be hosting and attending parties. Unfortunately, drunk driving also increases on Halloween. For this reason,...
Read MoreHow Can I Fight a Wrongful DUI Charge?
There are many ways you and your lawyer can fight a charge for driving under the influence (DUI). Some people feel that once they are arrested for DUI, then there is nothing that can be done. However, that is not true. If you have been arrested and charged, the best...
Read MoreHow Severe are Drunk Driving Charges for Minors?
Driving while intoxicated is a very serious offense. Driving with a blood alcohol content (BAC) level of 0.08 percent or higher is considered a crime. Additionally, those underage are convicted of an infraction as a zero-tolerance offense if they have a BAC level of 0.02 percent or higher. Depending on...
Read MoreHow can I Avoid a Drunk Driving Charge on Labor Day Weekend?
Labor Day is the unofficial end of summer, and many people will celebrate the holiday with alcohol. This year, the National Safety Council reports that approximately 466 people may lose their lives in accidents on the holiday weekend, including drunk driving collisions. However, this does not have to be the...
Read MoreWhat is New Jersey’s Implied Consent Law Regarding Breathalyzer Tests?
Due to Coronavirus (COVID-19) restrictions easing, New Jersey and other areas throughout the United States are seeing more crowds, which also means more festivities, parties, and celebrations. On some nights, drunk drivers will be on the road. In New Jersey, the legal blood alcohol content (BAC) level is 0.08 percent....
Read MoreHow will Self-Driving Cars Affect Drunk Driving Laws?
One of the most common causes of car accidents is drunk driving. In the case of self-driving cars, is it possible for the driver to be charged with driving under the influence (DUI)? Much of a case depends on the level of autonomy. It is important that all drivers know...
Read MoreCan I Get a Drunk Driving Charge for Sleeping in a Parked Car?
In New Jersey, a person can acquire a driving under the influence (DUI) charge if the evidence shows that they were or they intended to operate a vehicle. The vehicle does not necessarily need to be moving in order for the driver to be found guilty of such a charge....
Read MoreWhat are My Rights at a Sobriety Checkpoint?
A sobriety checkpoint is an area that is set up by the police to randomly check motorists to see if they are under the influence of drugs or alcohol. Sobriety checkpoints are legal in New Jersey, and it is always a possibility that a driver may encounter one. Drivers must...
Read MoreWhat Should I Know About a First Offense DUI Charge?
Being charged with driving under the influence (DUI)can affect one’s life significantly. Being pulled over and arrested for DUI can be a traumatic experience. It is important to know about the entire legal process after receiving a DUI charge. This information will help the offender understand their legal rights and...
Read MoreWhat are the Consequences of a Drunk Driving Charge?
A criminal charge for driving under the influence (DUI) can be devastating. A DUI charge can have a serious and negative impact on a person’s reputation and can affect all aspects of personal and professional life. A conviction can mean the loss of a driver’s license and acquiring heavy fines....
Read MoreDrunk Driving Arrests in the Time of COVID-19
The onset of the Coronavirus (COVID-19) pandemic has negatively impacted all aspects of modern life. In New Jersey, the state implemented a strict shutdown policy to battle the virus. This caused delays in all criminal procedures, and it even affected those who were charged with driving under the influence (DUI)in...
Read MoreWhat Happens if I Tamper with an Ignition Interlock Device?
In some driving under the influence (DUI) cases, an interlock device may be placed on a driver’s vehicle. This is done for a variety of reasons, but the most common reasons are to promote public safety and to enforce compliance with laws and court orders. However, some people may choose...
Read MoreAvoid Drinking and Driving on Blackout Wednesday
People look forward to Thanksgiving for many reasons, such as turkey, stuffing, family time, and sleeping in late. One event that many young adults look forward to is Blackout Wednesday, which is one of the biggest nights of the year for drinking. Blackout Wednesday is a dangerous tradition and became...
Read MoreAre Field Sobriety Tests Unreliable?
When a police officer pulls over a suspected drunk driver, the officer will usually administer a standardized field sobriety test. Although a field sobriety test may seem useful, it can be tough to pass, even when someone is not under the influence. Many people who have been arrested for drunk...
Read MoreWhat Should I Know About DUI Hit-and-Run Accidents?
Drunk driving is a significant danger for motorists and pedestrians. In fact, the Centers for Disease Control and Prevention (CDC) reports that it is a factor in 30 percent of all fatal car crashes. The CDC also states that 10 percent of auto crashes are hit-and-runs, and damages caused by...
Read MoreDoes a Minor in the Car Impact My DUI Charge?
The penalty for driving under the influence (DUI) can be severe, even for first-time offenders. Drinking and driving with a minor in the vehicle will make the charges even worse in most cases. In some states, the original DUI/DWI charge is levied more severely, while in others, a DUI with...
Read MoreCan I Refuse a Breathalyzer Test?
If you are stopped under suspicion of drunk driving, a cop will request a breathalyzer test. Breathalyzer tests are a normal part of a cop’s routine when they suspect someone is drunk driving. If you are stopped by a cop, you may be wondering whether you can avoid a driving...
Read MoreSt. Patrick’s Day and Drunk Driving
St. Patrick’s Day is associated with an increase in drunk driving crashes. According to the National Highway Traffic Safety Administration (NHTSA), 60 people were killed in drunk driving crashes during the 2016 holiday period between March 16 to March 18. The NHTSA advises everyone to make plans to get home...
Read MoreNew Drunk Driving Laws
Drivers in New Jersey should be aware that drunk driving laws have changed as of December 2019. The new law brings two significant revisions to previous DUI/DWI charges. The law removes license suspensions for first offenders while requiring all convicted drivers to install interlock breathalyzer devices on their vehicles. These...
Read MoreDealing with DWI Defense During the Holidays
In New Jersey, motorists need to take drunk driving seriously year-round, but especially during the holidays. The weeks between Thanksgiving and New Year’s see an increase in policed roadblocks and checkpoints geared at catching people who are driving under the influence (DUI), also called driving while intoxicated (DWI). Although everyone...
Read MoreNew Jersey Institutes Ignition Lock for First Time DWI Offenses
By the beginning of 2020, drivers in New Jersey found guilty for the first time of driving under the influence will face different penalties than they do today. Instead of having their licenses suspended for several months, offenders, in certain instances, may have much shorter suspensions or no suspension at...
Read MoreAre DUI Checkpoints Legal?
Sobriety checkpoints are used by law enforcement departments to keep the roadways free of drivers under the influence of alcohol or drugs. Depending on logistics and traffic volume, officers at the DUI stop will check every driver or single out cars at random intervals. Once the car is stopped, police...
Read MoreDUI with Marijuana
Despite Governor Phil Murphy’s efforts, it does not appear recreational marijuana will receive legislative approval this year. However, as more states legalize recreational cannabis, the issue of driving under the influence (DUI) of marijuana will increase. In New Jersey, the penalties for a DUI are the same whether the driver...
Read MoreSouth Jersey DUI Lawyers Discuss New Jersey DUI Laws
In New Jersey, driving under the Influence (DUI) or driving while intoxicated (DWI) are serious motor vehicle violations. Drunk driving offenders face significant penalties. Under New Jersey law, suspected drunk driving offenders are prosecuted either by a field sobriety test performance and driving pattern, or if a driver’s blood alcohol...
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Christopher St. John
Tess Berkowitz