Mount Laurel DWI Lawyer
Client-Focused DUI Attorney in Mt. Laurel, NJ, John B. Brennan Represents Those Arrested for DUI/DWI
Although driving under the influence or driving while intoxicated may seem like a simple mistake, these offenses are seriously prosecuted under New Jersey law. A conviction can mean jail or prison time, hefty fines and other surcharges, and the loss of your driving privileges. A conviction can have serious consequences on your employment. That is why it is critical to have an experienced Mount Laurel DWI lawyer on your side when facing DUI/DWI charges.
Having worked in the New Jersey criminal justice system for decades, including 25 years spent serving as a prosecutor, I have the experience to identify and develop potential effective legal strategies for your defense. A DUI/DWI arrest is a result of a terrible mistake that you shouldn’t compound by making bad decisions about your legal representation. Contact my office for a free consultation and for a thorough assessment of your legal options and the best possible outcomes available in your case.
Facing Charges For A DUI/DWI And Have Questions? I Can Help, Tell Me What Happened.
Types of DUI/DWI Cases We Handle in South Jersey
A DUI arrest is often a high-stress “once-in-a-lifetime” event for many of my clients. However, New Jersey treats these traffic offenses with the same severity as many criminal crimes. As a DUI attorney in Mt. Laurel, NJ, I help those charged with different types of DUI and DWI charges including:
- 1st offense DUI: Challenging the initial stop and the Alcotest results to help clients avoid the ignition interlock requirements and heavy fines.
- 2nd offense DUI: Defending against the increased stakes of a second conviction, which carries a mandatory license suspension of one to two years and a minimum of 48 hours in jail.
- 3rd offense and multiple offenses: Providing an uncompromising defense for third-time offenders who face a mandatory 180 days in county jail and an eight-year license suspension. Unlike lower-tier offenses, the court has almost no discretion here, making a technical defense of the evidence your only path to freedom.
- Breathalyzer test refusal: Addressing cases where a driver is accused of refusing a breathalyzer, which carries independent penalties.
- Drug-based DUI (DUI-D): Challenging the subjective observations of a Drug Recognition Expert (DRE) in cases involving marijuana or prescription drugs.
- DUI with personal injury: Defending cases where a traffic stop escalates into an indictable “Assault by Auto” charge.
- Underage DUI: Protecting the driving privileges of young drivers facing “Baby DUI” charges.
- Commercial driver DUI (CDL): Safeguarding the livelihoods of professional drivers who face much stricter BAC limits and career-ending consequences.
Regardless of the specific charge you face, the State must meet a strict burden of proof to secure a conviction. Because I have spent decades in the courtroom, both building these cases for the prosecution and dismantling them for the defense, I know where to look for the cracks in the State’s evidence. My goal as a Mount Laurel DWI lawyer is to ensure that a single mistake or an error in police procedure does not result in a permanent disruption of your life and your freedom.
Consequences of a DUI/DWI Conviction in New Jersey
Although a DUI/DWI charge is technically considered a traffic charge, a conviction carries possible criminal penalties (N.J.S.A. 39:4-50). Depending on your individual circumstances or the facts of your case, you may be facing serious penalties, including the loss of freedom and hefty fines. The penalties for a DUI/DWI conviction include:
- 1st offense: Up to 30 days in jail, up to 48 hours of instruction at the Intoxicated Driver Resource Center (IDRC), fines of $750 to $1,000, driver’s license suspension of three to 12 months, and a $1,000 per year surcharge for three years
- 2nd offense: Up to 90 days in jail, 48 hours of instruction at the IDRC, up to 30 days of community service, up to $1500 in fines, two-year driver’s license suspension, and a $1,000 per year surcharge for three years
- 3rd offense or subsequent offense: Mandatory 180 days in jail, 10-year license suspension, $5,000 of fines
A second or subsequent conviction will also require you to install an ignition interlock device on your vehicle for the period of your license suspension plus a subsequent period imposed by the court.
Under certain circumstances, such as causing property damage, personal injury, or death, you may also be charged with an indictable offense, also known as a felony. Grades of offenses include:
- Fourth-degree crime: Charged under certain circumstances for a first or second DUI/DWI, such as causing property damage; may result in a prison sentence of up to 18 months
- Third-degree crime: May be charged if you have been arrested for multiple DUI/DWIs in the past; carries a prison sentence of 3 to 5 years
- Second-degree crime: Charged if you are also found in possession of drugs; sentence of 5 to 10 years in prison
- First-degree crime: Charged if you cause someone’s death due to intoxicated driving; sentence of 10 to 20 years in prison
The consequences of a DUI conviction in New Jersey extend far beyond the courtroom, impacting your financial stability, your ability to commute, and your professional reputation for years to come. With the state’s mandatory fines, ignition interlock requirements, and heavy insurance surcharges, a single conviction can cost you thousands of dollars and your peace of mind. As a former prosecutor and a Certified Criminal Trial Attorney, I know that the best way to avoid these life-altering penalties is to challenge the state’s evidence before it can be used against you. When your future is on the line, don’t leave your case to chance. Partner with a battle-tested DUI attorney in Mt. Laurel, NJ, who has the “insider” experience necessary to fight for a dismissal or a significant reduction of your charges.
Mount Laurel DWI Lawyer John B. Brennan Advocates for Your Rights When Facing DUI/DWI Charges
Just because you’ve been arrested for DUI/DWI or just because the police took a breathalyzer or blood alcohol test does not mean you do not have legal options or a possible defense in your case. You have legal rights during your arrest and your prosecution, and you may have a defense strategy based on violations of those rights. A skilled Mount Laurel DWI lawyer can identify those violations and work to have your charges reduced or dismissed based on the unlawful or erroneous actions of law enforcement or prosecutors, such as:
- Initially stopping you without reasonable suspicion or probable cause of DUI/DWI or another traffic violation or criminal offense
- Stopping you in a non-random DUI checkpoint (vehicles can only be stopped at a checkpoint in an objective manner, such as every third vehicle; officers cannot pick out particular drivers at a checkpoint)
- Conducting unreliable field sobriety tests
- Running a breath test on a faulty or uncalibrated device
- Taking a blood sample without your consent
- Questioning you without reading you your rights
Ultimately, my goal is to provide a defense that is as rigorous as the prosecution you are facing. Whether we are challenging the initial reason for your stop or the technical accuracy of a breathalyzer test, I bring the “insider” knowledge of a former prosecutor to every stage of the proceedings. I am here to work on your behalf to seek a reduction or dismissal of your charges, negotiate a favorable resolution with the state, or provide an aggressive defense at trial to pursue an acquittal. When your reputation and your future are on the line, don’t settle for anything less than a dedicated DUI attorney in Mt. Laurel, NJ, who has spent over 30 years mastering the complexities of the New Jersey criminal justice system.
Field Sobriety Tests: Science vs. Reality
If you were asked to perform physical tests on the side of a busy South Jersey highway at 1:00 AM, the odds were stacked against you from the start. These “Standardized Field Sobriety Tests” (SFSTs) are highly subjective and often administered in conditions that make success nearly impossible.
I focus on the three primary tests recognized by the National Highway Traffic Safety Administration (NHTSA):
- Horizontal Gaze Nystagmus (HGN): The “eye test” where an officer looks for involuntary jerking. This is a medical phenomenon that can be caused by dozens of factors unrelated to alcohol, yet officers often treat it as “proof” of impairment.
- Walk-and-turn: A test of divided attention that requires you to walk a straight line heel-to-toe. Environmental factors like wind, passing traffic, or uneven pavement can cause even a stone-sober person to lose their balance.
- One-leg Stand: A balance test where you must keep one foot off the ground while counting. Physical injuries, inner ear issues, or simply being over 60 years old or overweight can lead to a “failure” in the eyes of an officer.
In a New Jersey DUI case, the officer’s testimony regarding your performance on these tests is a cornerstone of the prosecution’s argument for probable cause. However, “standardized” tests are only valid if they are administered in strict accordance with federal training guidelines. By utilizing my trial experience to cross-examine officers on their specific training and the environmental conditions of the stop, I work to show the court that your “failure” was more a result of flawed testing than actual impairment.
Contact Experienced Mount Laurel DWI Lawyer John B. Brennan to Discuss Your Rights and Options in Your DUI/DWI Case
If you or a loved one have been arrested for DUI/DWI, don’t let a mistake negatively impact the rest of your life. When the State builds a case against you, hire the man who used to build cases for the State. Contact my law office today to schedule a free initial consultation to discuss your legal rights and options for facing your charge and to learn more about how I may be able to help you or your loved one secure a more favorable outcome in your case.
Frequently Asked Questions about DUI/DWI in New Jersey
If you’re facing your first DUI/DWI charges, it is unlikely that you will go to jail. However, a court can impose a sentence of up to 30 days in jail for a first-time DUI/DWI conviction, although the court is not required to impose any jail time for such a conviction.
Generally, a DUI is a traffic offense in NJ, not a “crime” (unless there was an injury). However, many professional contracts or CDL positions have specific reporting requirements. I can help you navigate these professional consequences as part of your overall defense strategy.
Yes, because all drivers give implied consent to the test upon receiving their driver’s license. Your license may be suspended or revoked if you refuse a test. In addition, you can still be charged with and convicted of DUI/DWI based on other evidence, such as the arresting officer’s testimony about what he or she observed of your driving or demeanor that shows your driving ability was impaired due to intoxication.
If you submit to a field sobriety test, breathalyzer, or blood test, it may be possible to challenge the reliability and admissibility of that evidence later. It is never a good idea to refuse the test because you are giving up any defense that you may have had by refusing.
No, you can’t get a work license in New Jersey. New Jersey does not offer a “hardship” or “bread-and-butter” license. If your license is suspended for a DUI, you cannot drive for any reason. This is why it is critical to hire a DUI attorney in Mt. Laurel, NJ, who will fight to prevent the suspension from occurring in the first place through a downgrade or dismissal.
If you have a prior DUI conviction that is more than 10 years old, New Jersey law may allow you to be treated as a “first offender” for sentencing purposes on a new charge. This can mean the difference between mandatory jail time and a much more manageable penalty. Hiring a DUI Attorney in Mt. Laurel, NJ, with experience in dealing with DUI cases where the “Step Down” rule could be applied is your best bet at securing a better outcome for your case.