If you have been charged with a DUI in New Jersey, you must contact a New Jersey DUI attorney with decades of experience defending people just like you. New Jersey DUI attorney Carl Spector is a former New Jersey Municipal Prosecutor with over 30 years of experience handling DUI cases in New Jersey. A conviction of this nature can result in very serious consequences, such as jail time, fines, and a loss of driving privileges. If you are facing DUI charges, you can count on the legal team at The Law Office of Carl Spector to effectively represent your interests and fight to protect your future. To discuss your situation with a Bergen County DUI attorney you can count on, contact The Law Office of Carl Spector today.
The state of New Jersey takes driving under the influence very seriously. Anyone who has a blood alcohol content of 0.08 percent or higher can face a DUI charge. Of course, the higher the blood alcohol content, the greater the penalties can be. If you have been arrested for a first-offense DUI with a blood alcohol content of 0.08-0.10 percent, you may face the following consequences:
It is important to note that if your BAC is 0.10 percent or higher, the penalties you face may be more serious. A person with a BAC between 0.10% and 0.15% may face the following consequences if charged with a first-offense DUI:
Individuals with a BAC of 0.15% or higher are subject to the same penalties stated above, but they face a 4-6 month loss of license and an ignition interlock device during the period of license forfeiture, as well as 9-15 months after the license is restored.
Under New Jersey’s expanded ignition interlock laws, even first-time offenders must now install a state-approved Breath Alcohol Ignition Interlock Device (BAIID) at their own expense to restore driving privileges. Navigating these compliance requirements efficiently is critical to getting back on the road.
When someone is arrested for a DUI with a previous DUI conviction on their criminal record, they will usually face even harsher penalties. The penalties for a second offense DUI in the state of New Jersey may include the following:
New Jersey courts employ a strict “10-Year Step-Down” rule for repeat offenses. A skilled Bergen County criminal defense lawyer can help determine if your prior conviction falls outside this window, potentially mitigating these severe penalties.
A third or subsequent DUI charge is a very serious offense that is accompanied by the greatest penalties one can face for driving while intoxicated in New Jersey. The penalties for a third or subsequent DUI offense in the state of New Jersey include the following:
There are very serious consequences for all those charged with driving under the influence while under the age of 21 years old. Because they are not of legal age to purchase, possess, or consume alcohol, these people can be charged with a DUI for a BAC of 0.01 percent or greater. The penalties of an underage DUI in New Jersey include the following:
If you or your child has been charged with a DUI, it’s strongly recommended that you retain the services of a seasoned Bergen County criminal attorney as soon as possible. Unlike adult municipal court matters, underage cases often carry unique reputational risks that require immediate intervention.
When law enforcement stops a driver for suspicion of DUI, they will issue a chemical test that aims to determine their blood alcohol content. Under New Jersey’s 20-minute rule, the officer must continuously observe the driver for at least 20 minutes before administering a breath test, confirming that the driver does not ingest anything, regurgitate, or place any foreign object in the mouth, any of which restarts the 20-minute period. If you refuse to take a chemical breath test, or breathalyzer, in New Jersey, you can face additional consequences. These can include the following:
For a second offense, you may lose your license for up to 2 years, and for a third offense, you risk losing your license for up to 8 years. For both second and third offenses, you may have to use an ignition interlock device in your vehicle for up to 4 years following the restoration of your license.
At The Law Office of Carl Spector, there are a number of different defenses that we can explore when working on your case. Some of the ways our firm can challenge your DUI include the following:
A DUI charge in New Jersey is not an indictable crime. It is a Title 39 motor vehicle offense, which means your case is heard in the municipal court of the town where you were stopped rather than in Superior Court. Bergen County has dozens of municipal courts, and a case arising in Hackensack, Fort Lee, Paramus, or Teaneck will be handled by that municipality’s court, each with its own judge, prosecutor, and scheduling practices. Familiarity with how a particular court and prosecutor approach these cases can shape how a defense is presented.
Under a longstanding directive from the Administrative Office of the Courts, a prosecutor may not dismiss or downgrade the DUI charge itself in exchange for a guilty plea. This does not mean nothing is negotiable. Companion charges such as reckless driving, careless driving, or an open container violation may still be addressed, and sentencing arguments remain available. But the DUI count either survives or it does not, which places unusual weight on the evidentiary challenges available in your case.
Because a DUI is a traffic offense rather than a criminal conviction, it does not appear on a criminal background check. It also cannot be removed. New Jersey’s expungement statute reaches criminal and disorderly persons offenses, not Title 39 violations, so a DUI conviction remains on your driving abstract permanently and continues to count as a prior offense for sentencing purposes, subject to the ten-year step-down rule discussed above. This permanence is the strongest practical reason to contest a charge at the outset rather than resolve it quickly.
If you have been charged with driving under the influence of alcohol in New Jersey, you must retain the services of an experienced DUI attorney who can effectively fight on your behalf. The Law Office of Carl Spector has proudly represented clients throughout the state for over 30 years. Contact our office today to learn how we can assist you.
