DUI & DWI Attorney in Burlington County
While a DUI or DWI is not considered a criminal offense in New Jersey, its carries with it significant consequences that can affect your life. A drunk driving or other DUI conviction is a “Quasi-criminal” action and carries with it a mandatory drivers license suspension, a permanent motor vehicle conviction that cannot be expunged, mandatory fines and penalties and, in some cases, jail time. If you have been arrested and charged with a DUI or DWI you should speak immediately with an experienced DUI defense attorney.
First Offense DUI or DWI Mandatory Fines
In New Jersey, the consequences for a first offense DUI depends on the level of intoxication. For a first-time offender, all alcohol or drug-related DUI convictions carry mandatory fines but an experienced DWI defense attorney will help you understand your legal options to manage the charges.
Learn more about the consequences of a first offense DUI.
Second Offense DUI Mandatory Fines and Penalties
A conviction of a second DUI or DWI offense within ten (10) years of a prior conviction is considered a repeat offense and carries stiffer penalties that include loss of drivers license for 2 years, community service, and jail time. As a New Jersey DUI lawyer, Daniel Rosenberg understands the legal implications of a repeat conviction and can present options to address these criminal penalties.
Find more information about second offense DUI consequences.
Third Offense DUI or DWI
A conviction of a third or subsequent DUI or DWI within ten (10) years of a second conviction mandates even stiffer fines and penalties. These consequences include a 10-year loss of license, mandatory installment of an ignition interlock device, and a prison sentence of up to 6 months.
Read more about the fines and penalties associated with a third offense DUI or DWI and how Daniel M. Rosenberg & Associates can help.
Consequences Beyond Mandatory Fines and Penalties
Beyond the potential loss of your freedom and money, a DUI conviction in New Jersey also impacts your future through employment decisions and insurance rates. Your car insurance rates will increase and you will be assessed insurance eligibility points. You are subject to being surcharged by your insurance company. Your motor vehicle insurance company may also elect to drop you from coverage. Outside of motor vehicle insurance, rates may become unavailable for health, life and/or disability coverage.
Many credit bureaus include DUI convictions on credit reports, which can negatively affect your current and future credit score.
Those in military service are forced to deal with an additional set of collateral consequences. In addition to the consequences provided by the State, members of the military who are convicted of an alcohol or drug-related DWI are subject to possible demotion or removal from military service. They are also subject to alcohol education courses, base restriction, privilege restrictions and/or other forms of punishment.
There is no conditional driving license in New Jersey that would allow individuals convicted of DUI to drive to and from work while their license is suspended. This can significantly affect your job if you are required to use a car to get to and from work or you use your car for a work purpose. Some forms of employment may be subject to termination upon a conviction for DUI. Poor credit has the ability to effect future employment if a credit check is required prior to hiring. Application for professional licenses may be detrimentally effected.
DUI and DWI Defenses
The Daniel M. Rosenberg & Associates may utilize a variety of defenses to challenge DUI and DWI charges throughout New Jersey. Examples of these defense options may include:
- Illegal Motor Vehicle Stop
- Failure to Provide Discovery (evidence)
- Standardized Field Sobriety Tests (“SFST”)
- MVR (Mobile Video Recorder)
- Failure to Read Implied Consent Warnings
- Certification Deficiencies
- Twenty-Minute Period of Observation
- Proper Operation of the Alcotest 7110
- Blood Collection
- Drug Recognition Evaluations (“DRE”)
- Medical Conditions
- Police Reports
- Bad Weather
Call Daniel M. Rosenberg & Associates today to speak to an experienced New Jersey criminal defense attorney regarding specific DUI defense options.
DUI is a “Quasi-Criminal” action
In New Jersey, a DUI or DWI charge is not a crime. Rather, it is considered a “Quasi” criminal offense. The New Jersey Motor Vehicle Act is a penal statute and is quasi criminal in nature. State v. Rowe, 116 N.J.L. 48, 51 (1935). “It has been firmly established by the decisions in [New Jersey] that motor vehicle or traffic violations, unless specifically designated otherwise, are quasi-criminal in character.” State v. Selzer, 57 N.J. Super. 327, 330 (Law Div. 1959). Quasi-criminal offenses are “a class of offenses against the public ‘which have not been declared crimes, but wrongful against the general or local public which it is proper should be repressed or punished by forfeitures and penalties.'” State v. Laird, 25 N.J. 298, 302-03 (1957). Courts have characterized traffic offenses as quasi-criminal “to satisfy the requirements of fundamental fairness and essential justice to the accused.” Vickey v. Nessler, 230 N.J. Super. 141, 149 (1989). As a result, defendants charged with DUI or DWI “are entitled to the same protection[s] as are normally accorded one accused of a criminal offense.” State v. Francis, 67 N.J. Super. 377, 381 (App. Div. 1961). As a result, the State must still prove its case against you beyond a reasonable doubt. For this reason, it is essential that you contact a DUI attorney as soon as possible following an arrest to ensure that you are treated fairly in the eyes of the law.
Alcotest-certified DUI Attorney
In addition to years of experience defending DUI charges, Daniel Rosenberg of Daniel M. Rosenberg & Associates is one of only a select few in New Jersey certified to operate the Draeger Alcotest 7110 device. Proper operation of the Alcotest device, commonly referred to as a breathalyzer, is imperative to ensure the validity of the results. Our team at Daniel M. Rosenberg & Associates understands the nuances of this procedure and can ensure that the arresting officer followed all appropriate protocols before allowing any Alcotest results to be used in court.