Driving under the influence (DUI) or driving while intoxicated (DWI) charges may not be as serious as a homicide offense, but the impact of being found guilty can have a considerable effect on your life in more ways than one. The penalties associated with DUI charges could make it difficult for you to get back to some sense of normalcy. Do everything in your power to clear your name of the allegations against you.
The experienced and aggressive Trenton DUI lawyer, Jenna Casper Bloom, can help you craft a powerful defense strategy and potentially avoid the harsh criminal consequences of a guilty verdict. With Jenna protecting your future, you may have an opportunity to dodge being found guilty and put this difficult experience behind you. Contact our criminal defense attorney to request a confidential consultation today and discuss the penalties you are facing, how strong the prosecutor’s case against you is, and ways we may be able to challenge the allegations against you.
When You Can Be Charged With a DUI in Trenton, NJ
A driver can be found guilty of drunk driving if they get behind the wheel with a blood alcohol concentration (BAC) of 0.08% or above. For a driver under 21, any detectable alcohol level (0.01% or above) would constitute driving while intoxicated. In many cases, a DUI charge can be made even when your BAC is under 0.8%.
Driving under the influence of alcohol or drugs, which demonstrably affects your driving ability, could lead to being found guilty of drunk driving. This guilty plea can result even when consuming a small amount of alcohol or if you are under the influence of a stimulant, hallucinogen, narcotic, or other drug, even if it is legally able to be consumed.
To obtain a finding of guilt on a DUI, the state must prove the driver was intoxicated. Blood test results and breathalyzers are generally introduced to prove a BAC over 0.08%. Traffic and police officers can provide evidence of alcohol intoxication from a field sobriety test, and they can testify about the behavior of the driver.
There is no agreed testing method, acceptable limit, or hard-line rules regarding other drugs that can affect a driver’s ability behind the wheel. Trenton police officers use a 12-step process called the drug recognition evaluation (DRE) to test for prescription or illegal drugs when assessing drivers suspected of DUI. However, the admissibility and scientific reliability of DRE evidence is unclear. Individuals facing pending DUI charges face the unknown when the state pursues charges using this testing. A DUI lawyer like Jenna Casper Bloom can help protect your legal rights if you have been charged with a DUI in Trenton.
There Are Multiple Types of DWI Offenses
A DWI in New Jersey is not a disorderly persons offense (a misdemeanor) or an indictable crime (a felony), but it is considered a traffic offense. If found guilty, it will appear on their driving record. DWI cases are not brought before a jury for a trial but are heard and decided solely by a judge. DUI attorney like Jenna Casper Bloom are knowledgeable in New Jersey law, and representation should begin immediately after you have been charged with a DWI offense.
DWI Penalties for Commercial Drivers
If a CDL driver is operating a commercial vehicle at the time of their DWI offense, the legal BAC limit is 0.04%, and they can face suspension of their CDL.
Drivers with a CDL should be very concerned about the threat of losing their commercial employment over a DWI. By Federal Law, a CDL license suspension is imposed separately for a loss of license for an additional year beyond the standard New Jersey first-offense penalties. With a second conviction, the CDL will be permanently revoked. Your DUI attorney can work to have these charges to prevent the permanent loss of your CDL license.
Driving Under the Influence for Underage Drivers
The same drunk driving penalties and rules apply to drivers under 21. As a zero-tolerance law state, New Jersey police officers will arrest underage drivers for driving with any use of alcohol because they are under the legal drinking age.
A driver’s license suspension of 30 to 90 days is imposed for an underage driver convicted of consuming alcohol but not being drunk. In addition to the license suspension, mandatory community service and attendance at an Intoxicated Driver Resource Center (IDRC) to receive highway safety and alcohol education.
If the driver is under 17 without a license, a 30 to 90-day delay will be placed on the processing of their driver’s license, and they are still required to attend the same IDRC program.
Driving Under the Influence with a Minor in the Car
If a guardian or parent is found guilty of drunk driving while having a minor in their car, additional penalties are provided. According to the NJ Statutes Annotated (NJSA) 39:4-50:15, this conviction will lead to being found guilty of a disorderly person offense, and they could be sentenced to six months in jail, 6-month license suspension, and be ordered to complete community service in addition to the other penalties.
It is wise to discuss these charges with your DWI lawyer since you could also be charged with Endangering the Welfare of a Child, according to N.J.S 2C:24-4(a)(2), leading to a second or third-degree crime.
The Criminal Penalties of a DUI Charge in Trenton Could Turn Your World Upside Down
New Jersey criminal penalties for a DUI can be stressful, especially when facing jail time. You may lose your job if you can no longer get to and from work due to license suspension or being placed behind bars. The best thing you can do to protect yourself is to hire an aggressive DWI attorney like Jenna Casper Bloom to help build a solid case on your behalf.
First-Time DWI
If you operate a vehicle while under the influence of alcohol or drugs, you may be found guilty of DUI. First-time offenders and those facing subsequent charges may face the same fines, but your DWI attorney can better explain your charges and which fines apply to your specific circumstances.
These fines vary in amount, starting at $50, and are collected and sent to the following:
- Drunk Driving Enforcement Fund.
- Motor Vehicle Commission
- Intoxicated Driving Program.
- Violent Crimes Compensation Fund.
- Safe and Secure Community Program.
Additionally, a judge may choose to revoke the registration of the vehicle. With a first-offense DUI (with a BAC less than 0.10), a driver can face the following penalties:
- A fine between $250-$400
- Jail time of up to 30 days.
- Driver’s license suspension until an ignition interlock is installed and must remain for three months.
- Attendance at an IDRC for at least six hours a day for two consecutive days.
- A surcharge of $1,000 on automobile insurance for 12-36 months.
If the BAC of the driver is 0.10 but less than 0.15, the penalties can be increased to:
- A fine between $300-$500.
- Jail time of up to 30 days.
- Driver’s license suspension until an ignition interlock is installed and must remain for 7-12 months.
- Attendance at an IDRC for at least six hours a day for two consecutive days.
- A surcharge of $1,000 on automobile insurance for 12-36 months.
If the BAC of a driver is 0.15 or higher, an ignition interlock device must be installed in the vehicle they primarily operate during the 4-6 month license suspension period and for 9-15 months after license restoration.
Second DUI Conviction
If charged with a second DUI offense, a driver can face the following potential penalties:
- A fine between $500-$1,000.
- Jail time is a minimum of 48 consecutive hours and up to 3 months.
- License suspension of 12-24 months.
- Required evaluation, referral, and completion of program requirements of the IDRC.
- Community service for 30 days.
- An annual surcharge of $1,000 on automobile insurance for three years.
- An ignition interlock device is installed for the license suspension period and for 2-4 years after license restoration.
A Trenton DUI lawyer is needed to provide you with a legal defense for subsequent DUI offenses since New Jersey courts are less than lenient on repeat offenders.
Third DWI Offense
If charged with a third offense DUI, a driver faces the following potential penalties:
- A $1,000 fine.
- Jail time of 6 months. If the convicted driver serves time in an IDRC-approved alcohol or drug inpatient rehabilitation program, this term may be lowered by the court for each day up to 90 days.
- License suspension of 8 years.
- Community service for 30 days.
- Required evaluation, referral, and completion of program requirements of the IDRC.
- An annual surcharge of $1,500 on automobile insurance for three years.
- An ignition interlock device installation for the license suspension period and 2-4 years after restoration of their license.
A Trenton DUI lawyer, Jenna Casper Bloom, has successfully had third DUI offenses reduced for many of their clients. Contact us today to discuss how our firm can assist you with your charges.
Do Not Forget About the Fallout of Collateral Consequences
Unfortunately, in addition to the punishments that come with DUI convictions, the collateral consequences that result from these convictions can be even worse. Your aggressive Trenton DUI attorney can help minimize these consequences by fighting your DUI charges. In addition to the following consequences, you could also be prevented from voting, owning firearms, receiving government assistance, and holding certain professional licenses.
Your DUI Conviction Will Remain on Your Record
Unfortunately, even if your Trenton DUI attorney can get your charges reduced, New Jersey convictions permanently remain on your driving record. This is because a DUI is considered a traffic offense and not a crime. Criminal offenses can be expunged, but traffic offenses cannot.
Ignition Interlock Devices
A driver’s BAC is measured by an ignition interlock device before they are allowed to operate the vehicle. A driver may be required to have an installer who the state of New Jersey has approved to install a state-approved ignition interlock device after a DUI. This device must remain in the vehicle for up to three years after license restoration. Unfortunately, these devices can record incorrect data or malfunction, so contact a Trenton DWI lawyer if you believe this has occurred.
Your Auto Insurance Will Increase
As with any traffic offense, your auto insurance is likely to increase. According to Insure.com, New Jersey insurance rates can increase by 132% following a DUI. This is a significant increase in premiums, proving that a Trenton DWI lawyer is crucial in fighting a DUI charge.
You Can Protect Your Freedom and Future With the Right DUI Attorney Advocating for You
The compassionate Trenton DWI attorney Jenna Casper Bloom understands the consequences you are facing if found guilty of a DUI in New Jersey. She can handle the legal requirements for both pre-trial and trial if your case goes to court.
If Your DWI Goes to Trial, These Defenses May Be A Good Fit for Your Case
If your case goes to trial, your Trenton DWI attorney can argue one of the following defenses for your case:
- Illegal search and seizure
- Illegal traffic stop
- No warrant for a blood test
Consult Trenton’s Top-Rated DWI Law Firm for Help Today
The DUI charges against you will remain on your record forever unless you can obtain an expungement. Since DUI charges are not eligible for expungement in New Jersey, it is crucial that you do everything possible to secure a “not guilty” verdict. Working with a dedicated and knowledgeable Trenton DWI attorney like Jenna Casper Bloom could make all the difference in the outcome of your case.
Our existing professional relationships and long history working with prosecutors and judges could be the edge you need to beat the charges against you and get through the difficult times. Avoid the severe consequences of being found guilty. Get help from our DUI attorney, Jenna Casper Bloom, today. Request a confidential consultation and start working on your defense strategy as soon as today. Reach us through our secured contact form or by phone to find out what is next for your criminal defense.
