Old Bridge New Jersey DWI and Drunk Driving Criminal Lawyer
The Iler Law Firm represents clients charged with driving while intoxicated (DWI), driving under the influence (DUI), refusal to submit to a breath test, and reckless driving throughout New Jersey including in Woodbridge, Old Bridge, Sayreville, and New Brunswick. Our experienced criminal defense and drunk driving lawyers are available 24 hours a day to provide immediate assistance at (732)842-7787.
Frequently Asked Questions in NJ Drunk Driving Cases
Some of the questions our attorneys commonly answer are:
Since it is illegal to plea bargain DWI cases in New Jersey, do I really need a lawyer?
Yes, although it is illegal to plea bargain drunk driving cases in New Jersey, an experienced criminal defense lawyer can isolate a significant issue with regard to the State's ability to prove their case. As a result of the State's inability to prove their case beyond a reasonable doubt, the charge may be downgraded or dismissed depending on the severity of the defect.
Am I entitled to a jury trial if charged with driving while intoxicated (DWI) in New Jersey?
No, drunk driving is not a "criminal offense" within the meaning of the New Jersey Constitution. As a result, you are not entitled to a jury trial and drunk driving cases are tried before a Municipal Court Judge in the town or municipality you are charged.
Are drunk driving checkpoints legal in New Jersey?
The short answer is yes as long as certain procedures are followed. A roadblock or DWI checkpoint in New Jersey is constitutional if the location of the checkpoint is appropriate based on historical arrest rates at the location, public safety and awareness would be fostered by the checkpoint, there is participation in command and supervision, and notice of the checkpoint is published to provide motorists with notice. If these procedures are followed, the DWI checkpoint is valid.
If police ask me to submit to a breath test, do I have to?
Yes, under New Jersey law N.J.S.A. 39:4-50.2, drivers consent to providing their breath samples for the purpose of determining the content of alcohol in the driver's blood.
If the court suspends my license, can I get a provisional or work license?
No, New Jersey does not allow work licenses.
Am I facing DMV surcharges as a result of a DWI conviction in New Jersey?
Yes, for a first or second offense DWI, the surcharges are $1,000/year for three (3) years. For a third offense DWI, the surcharge is $1,500/year for three (3) years.
For additional information or if you have questions which are not answered above, please contact our criminal defense lawyers for immediate assistance at (732)842-7787.
