Marlton DUI/DWI Lawyer
Client-Focused Criminal Defense Lawyer John B. Brennan Represents Those Arrested for DUI/DWI in Burlington County, Camden County, Gloucester County, and Throughout New Jersey
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 employmment. That is why it is critical to have experienced legal representation 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.
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. 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:
- First 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
- Second 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
- Third 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 Law Office of John B. Brennan Advocates for the Rights of Clients 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 criminal defense attorney 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
I can get to work on your behalf trying to reduce or dismiss your charges, negotiate a favorable sentence with the prosecution or work for an acquittal at trial.
Contact Experienced Criminal Defense Attorney 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. 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.
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.