Driving While Intoxicated (DWI) and Driving Under the Influence (DUI)

Imagine that you are coming home from a holiday party, or a fun night at the Jersey shore, and you don’t make the best judgment call. You get behind the wheel even though you had a drink (or two or three …). Those drinks you ordered were so weak, there’s no way they are affecting your ability to function, right? You only had a few, so you must be fine. You think you are okay and not at all impacted by what you drank. Or at the very least your driving won’t be affected, right?

We all know that the consumption of alcohol lends itself to not making the best choices, whether it be the way you behave or your ability to safely operate a vehicle. New Jersey is one of the strictest states in the nation when it comes to penalties and fines for Driving While Intoxicated (DWI) and Driving Under the Influence (DUI). In fact, New Jersey does not allow plea bargaining to lower charges when it comes toe DWI / DUI violations. The penalties and fines get exponentially harsher for subsequent DWI / DUI violations. Violators are subject to jail time, heavy monetary fines, and worst of all, loss of driving privileges. Accordingly, you should consult with an attorney at the Law Offices of William S. Peck to discuss your options if you are ever faced with a DWI / DUI violation.

Think that one drink wasn’t enough to cause any problems while driving? The amount of drinking or narcotics that go into your system have varying affects on your body. Even a small amount of drinking or drug use can negatively impact your ability to drive. If the police observe you driving in a way that gives them a reason to pull you over, that one drink may be enough to ruin your year. Everyone is affected differently based on many factors, including body weight, ability to metabolize, the amount of food you eat, and other physical factors. Once you are pulled over by the police, and they suspect impairment, there are different levels of DWI / DUI violations the can hit you with based on your level of intoxication. New Jersey law holds that any blood alcohol content (“BAC”) at or above 0.08% is sufficient to find a driver guilty of DWI / DUI. Commercial drivers with CDLs are held to an even higher standard, being in violation if their BAC is at or above 0.04%. However, even if your BAC is lower than the legal limits, the police can still charge you for DWI/ DUI based on their observations of your driving if they think your driving is impaired. If you consumed any narcotics, you can be charged with DUI if your driving is negatively affected.

So, although you think that the one or two drinks you had means you’re fine, and you think you aren’t “drunk”, the way you are driving may still cause big headaches for you (besides the hangover) if you’re charged with DWI.

Attorneys that handle these types of violations will be able to help. An attorney will know which defenses should be presented on your behalf, as well as whether or not the Municipal Prosecutor can prove the charges. They will argue these defenses and seek to disprove the violations. The attorney will also look into whether any testing performed by law enforcement was faulty or not up to legal standard, thereby causing issues for the prosecution of the offense. They will also ensure that you receive the minimal amount of fines and penalties afforded under law.

If you need more information, please contact the Law Offices of William S. Peck to discuss your options and to protect your rights.

Published by William S. Peck, Esq.

General law practice. Civil Litigation. Personal Injury. Municipal Court Defense. Traffic Tickets. Employment Law. Immigration.

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