Frequently Asked Questions About DWI/DUI in New Jersey

Here are a few questions that I routinely get asked about DUI charges. However, please feel free to call or email me any other questions that you might have.

Am I going to serve jail time for a DWI/DUI conviction?

It is very unlikely on a first offense. However, the law does provide for “up to 30 days” in jail for your first offense. If you are convicted on second offense, it is possible you may face between 2 and 90 days in jail. A third offense has mandatory jail time of 6 months if you are found guilty.

How much does it cost to hire you? (The question that I get most.)

This depends entirely on the facts of your case. In most cases, a DWI/DUI charge is also accompanied by many other traffic citations, requiring further work. Sometimes DWI/DUI matters require multiple court appearances as well as hearings. The facts of your specific case enables me to determine what my fee will me. I do most DUI cases on a flat fee basis. Moreover, my fees are affordable. Please feel free to ask.

Can I beat a DWI/DUI charge at trial?

Yes, it is always possible to beat a DWI/DUI charge. Again, it depends entirely on the facts of your case.

What is the Alcotest 7110?

The Alcotest 7110 is the machine that has been approved by the New Jersey Supreme Court to provide reliable breath samples in alleged drunk driving cases. (State v. Chun) This machine is a significant change from the old Breathalyzer machine that was previously used. The most significant difference between these two machines is the Alcotest leaves very little room for operator error - it is computerized. The old Breathalyzer machine relied heavily on the machine operator in determining what a person's blood alcohol level (BAC) was. The Alcotest calculates a person’s BAC and digitally reports it. However, the Alcotest does require an operator to follow stringent procedures as adopted by the New Jersey Supreme Court. These procedures dictate how an operator must administer the Alcotest to obtain a valid breath sample; how the machine should be calibrated; how breath samples should be averaged to calculate a true BAC; and what an acceptable margin of error is.

What happens if I refuse to take a breath test?

You are required to take a breath test as part of New Jersey's implied consent law. You will be fined and receive an automatic license suspension of 7 months for refusing to submit to a chemical BAC test. For a second offense refusal, the license suspension period is 2 years. For a third offense refusal, the license suspension period is 10 years.

If I refuse to give a breath sample, can I still be charged with a DWI offense?

 

Yes. In addition to be charged with a Breath Refusal, you can still be also charged with the separate offense of DWI. Police Officers can issue you a DUI summons based on observations. Through the totality of all the circumstances, an Officer can conclude that you were driving under the influence of alcohol by observing such things as: erratic driving; the smell of alcohol on your breath; roadside sobriety tests; and any other factor that might indicate that you were driving under the influence as determined by an Officer’s experience and training. A conviction of both DUI and a Breath Refusal will run consecutively. This means you can lose your driving privileges for potentially 14 or more months if you are convicted of both a DWI and a Breath Refusal as a first time offender. (7 months for the DWI, and minimally 7 months for the Breath Refusal charge.)

 

Can I get a DWI charge if I was simply sitting in my car, with the engine running, after a night of heavy drinking?

Yes. Very simply, a person can be charged with a DWI if that person “operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit producing drug, or operated a motor vehicle with a blood alcohol concentration of .08% or more. . .” (39:4-50) The Supreme Court of New Jersey has ruled that a person who “enters a stationary vehicle, on a public highway or place devoted to public use, turns on the ignition, starts and maintains the motor in operation, and remains in the driver’s seat, behind the steering wheel, with the intent to move the vehicle. . .” can be charged with a DWI. [See State v. Sweeny 40 NJ 359 (1963)] The Courts have ruled that a person’s “intent” to move a vehicle can be determined by a trial court by analyzing the circumstances surrounding the situation.

Is an anonymous call to 911 reporting a suspected intoxicated driver on a roadway sufficient to give the police probable cause to stop the driver in question?

In short, yes. The New Jersey Supreme Court has held that anonymous calls by "citizen informants" can give the necessary probable cause for the police to stop a suspected drunk driver. However, the informant must show an unmistakable sense that he or she witnessed the ongoing offense, and that offense is implicating potential serious injury to a particular person or the public at large. The caller must place the call close to the time of his or her observations, and must provide a sufficient quality of information to the police such as the a description of the vehicle, location of the vehicle, as well as any other detailed information. [State v. Golotta 178 NJ 218 (2003)]

Can I get a work license if my license is suspended for DWI/DUI?

No. New Jersey does not issue any work license / hardship license / limited license. You will have to get through the entire period of your suspended license without driving.

What is the format and cost for the Alcohol
Education classes?

The place for required alcohol education/awareness classes after a DWI/DUI charge is New Jersey's Intoxicated Drivers Resource Centers (IDRC). For a first offense DWI/DUI, you will have to take at least 12 hours of program sessions, which is usually divided up into 2-6 hour sessions, which costs $100.

You will be evaluated by New Jersey's Intoxicated Driver Program (IDP) unit who can require additional training or treatment at their discretion.

Here is a list of the local IDRC Intoxicated Drivers Resource Centers across New Jersey.