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The Supreme Court of the State of New Jersey is considering whether officers arresting an individual for suspicion of DWI must give instructions in a native language to a non-English speaker.

The case arose on September 20, 2007, when German Marquez rear-ended a vehicle at an intersection in Plainfield. He admits he was under the influence of alcohol, but did not understand instructions explaining he was required to take a breath test since he only speaks Spanish. He would like the conviction he received for “refusal to submit a breath test” to be removed; he is not disputing his DWI charge. He has admitted to being under the influence of pain medication the day of the accident.

As a result of the refusal conviction, Marquez has a 7-month suspension of his driving privileges. Under the law, this suspension would only apply if the police officers carried out their lawful duty to inform the suspect of his legal requirement to provide the test and his right to refuse.
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If you have been arrested for your first New Jersey DUI or DWI  you should know being convicted of or pleading guilty to New Jersey drunk driving  can result in loss of your driving privilege , your ability to obtain insurance in New Jersey at reasonable cost, and may possibly effect your ability to work.  If convicted of drunk driving for the first time in New Jersey penalties can vary based on certain factors, such as your BAC.

First New Jersey DWI offense with BAC of .08% but less than .10%:

• You’ll lose your New Jersey license for three month
• Pay a fine ranging from $250 to $400
• Mandatory 12 to 48 hour stay at an Intoxicated Driver Resource Center (IDRC) with related fees
• Insurance surcharges of $1,000 a year for three years.
• You may also be required to spend up to 30 days in jail.

First New Jersey DWI offense with BAC of .10% or higher:

• You’ll lose your New Jersey license for seven months up to one year
• Face a $300 to $500 fine
• Have a mandatory IDRC stay of 12 to 48 hours with related fees
• Insurance surcharges of $1,000 a year for three years.
• You may also be required to spend up to 30 days in jail.

As you can see, there is a significant difference between the two levels of a first DWI offense in New Jersey, especially with regard to the period of New Jersey license suspension. With the help of an experienced New Jersey drunk driving lawyer these penalties may not have to be your fate. A free initial meeting can help you learn whether there may be challenges that can be made to the Blood Alcohol Reading, which may save you from an additional four to eight months of license suspension, or possibly result in the New Jersey DWI charge being dismissed completely. If you refused a chemical test it may work as an advantage in criminal court.

If you have just received your first NJ DWI offense, contact NJ DWI Attorney Steven M. Garber for a free phone consultation in New Jersey

Beginning Aug. 21 and running through Sept. 7, Lower Township and New Jersey law enforcement officers will conduct DUI checkpoints, looking for motorists who may be driving while intoxicated. The Division of Highway Traffic Safety provides DUI grants to local law enforcement agencies throughout the state to run the two-week campaign.

A concentrated national effort, the campaign helps to raise awareness about the dangers of drinking and driving through high-visibility enforcement and public education tools, including posters, banners and mobile video display signs. Launched nationally in 1999, the program works to combat drunk driving during some of the busiest travel times of the year, including
the summer months.

Last year in New Jersey, 152 people were killed as a result of alcohol-related crashes. That number represents 26 percent of the 590 traffic fatalities reported in the state last year. In addition, 56 of those alcohol-related fatalities occurred during the summer travel season.
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Have you been arrested for a Lower Township, NJ DUI?

New Jersey DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) arrests are prosecuted in two ways: either as a traditional DWI, where the prosecution attempts to prove a person as being under the influence based on driving pattern and field sobriety test performance, or by violating the  “per se” law by being above the legal limit of .08%. Unless you hire a Top Lower Township, New Jersey DUI lawyer, expect to experience the worst penalties NJ DUI Laws have to offer.

Check for DUI Checkpoints in your area.

Senate President Richard Codey, D-Essex, has introduced a legislative package designed to crack down on motorists repeatedly caught driving under the influence or with a suspended license.

The first bill – S2939 – calls for mandatory jail time for anyone caught for New Jersey DUI while already suspended for a DUI or refusal to take a breath test. Convicted offenders would face between six months to one year behind bars and up to a $10,000 fine.

Another bill – S2937 – would require mandatory jail time of at least 180 days for those convicted of driving with a blood alcohol content of 0.20 percent or higher if they had been convicted of another DUI within the past five years.

To encourage offenders to participate in inpatient rehabilitation programs, the bill would allow the court to reduce the mandatory term by up to 90 days for taking part in a program.

Currently, New Jersey DUI law doesn’t mandate jail time until a third DUI conviction.

When Accused of a New Jersey DUI it is in your best interest to hire a New Jersey DUI Lawyer.

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New Jersey could become the 12th state to require some first-time drunken drivers to prove their sobriety every time they get behind the wheel.

A bill approved by the Assembly Judiciary Committee Monday would require first-time New Jersey drunken drivers with a blood-alcohol level of .15 or higher — nearly twice New Jersey’s .08 limit — to install a lock on their vehicle’s ignition.

The lock would release after the driver blows into the Breathalizer-like device and is deemed sober.

If passed, it would strengthen current New Jersey DUI law requiring locks for repeat offenders.

The bill is dubbed “Ricci’s Law” after a south Jersey teen Ricci Branca who was run down on his bicycle by a repeat drunken driver three years ago.

Eleven states have passed laws since 2005 requiring the locks for all or some first-time offenders, according to Mindy Lazar, executive director of MADD New Jersey. Eight of the states require the locks for all first-time offenders, regardless of blood alcohol content: Alaska, Arizona, Colorado, Illinois, Louisiana, Nebraska, New Mexico and Washington.

The vote to forward the legislation for a possible vote by the full Assembly came after nearly an hour of testimony from proponents and those who expressed concerns. A similar version is awaiting consideration in a Senate committee.

Mindy Lazar, executive director of MADD New Jersey, said New Jersey — a state with 19,481 drivers with three or more NJ DUI convictions — “needs to do more to fight drunk driving.”

But, Assemblyman Reed Gusciora, D-Princeton, urged colleagues to hold the proposal until its kinks could be worked out.

For example, Gusciora said the current bill would make it advantageous for drivers to refuse a field Breathalyzer test if the result would mean automatic installation of interlocks and refusing the test would not.

Gusciora also raised issue with the cost of the locks — at least $75 per month — in addition to the myriad other fines and surcharges a DUI conviction brings. He said the total penalty — $10,000 over three years — would be too much for some to bear.

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New Jersey DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) arrests are prosecuted in two ways: either as a traditional DWI, where the prosecution attempts to prove a person as being under the influence based on driving pattern and field sobriety test performance, or by violating the  “per se” law by being above the legal limit of .08%.

In the summer of 2005, Congress approved a huge transportation bill. One of its many provisions included federal grants that encouraged states to enact John’s Law, a New Jersey law that allows police to impound the car of a drunk driver.

Refusal to take the breath or blood test following a DWI / DUI arrest is admissible in court, and can also have severe driver’s license consequences in addition to the standard penalties.

DWI convictions are “priorable” for 10 years, calculated from arrest date to arrest date. Punishment for a second DWI or third offense DWI is harsher in every respect: fines, jail time, driver’s license consequences, and more.

There are special DWI / DUI laws for those under 21: it is illegal for someone under 21 to drive with a BAC of 0.01% or greater. Violation of this law will result in a license suspension for 30 – 90 days, and community service for 15 – 30 days.

Jury Trials are NOT available in New Jersey DWI cases. People arrested for driving while impaired in New Jersey have a right to a court trial only. (A court trial is one where the judge hears the evidence and decides your guilt.) If you lose the court trial, you have the right to request a “de novo” appeal on the record. This is where the record is transmitted to the Law Division, Superior Court, and a different judge reviews the DWI trial record, and the lawyers argue the facts and law that should apply. It is a second chance at getting a result of Not Guilty.

You Should Never Drink and Drive, but if you have been arrrested for a New Jersey DUI visit the New Jersey DUI Law Directory.
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