DUI Defense Attorney in Clifton, NJ
In New Jersey, no other offense perhaps is the most commonly charged than driving under the influence, or DUI/DWI. Drunk driving poses a significant danger not only to the drivers, other vehicles, and pedestrians, but also to their finances, driving privileges, and freedom.
Each state has its law regarding driving while under the influence. For New Jersey, harsh penalties are imposed for drunk and drugged driving convicts. The state’s law spares no mercy for first-time offenders who could face suspension of their driver’s license for up to a year.
Second offenses result in a two-year loss of license and jail time, while a 3rd offense revokes the license for up to ten years and 180 days in prison. That’s not all, however. New Jersey law also reserves the right to have devices installed on your car if you are a repeat offender.
Why Is It Important to Hire a DUI Defense Attorney?
If you are a driver, whether it is your first time or you do it as your profession, know that it is essential to understand the state’s DUI/DWI law and the consequences you could potentially face if you drive intoxicated. It is also best that you know the legal limit to know when to abstain from driving if you have taken a drink.
If you have been involved in a DUI/DWI case, it is essential to remember that you have the right to defend yourself, and you have the right to an attorney. Having a Clifton DUI defense attorney from a reputable New Jersey law firm can help you navigate the case, offer legal representation, and fight for you in court. A DUI Defense Attorney from Jaloudi Law can minimize the damage of the charges to your professional and personal life.
What Is DUI/DWI?
DUI or driving under the influence is commonly used to pertain to drunk driving. DWI is also known as driving while intoxicated. Other states have various names for it, such as operating under the influence (OUI), driving while visibly impaired (DWVI), and operating while intoxicated. The standard DUI structure is that a person must be under the influence while driving or operating a vehicle, despite the laws of varying states.
When Operating A Vehicle
It is illegal to drive while under the influence. Some states prohibit driving and being in actual physical control of a vehicle while under the influence. You can get charged with a DUI even if the car isn’t moving. This law aims to arrest intoxicated motorists who have yet to put the vehicle in motion.
Under the Influence
There are two types of DUI laws, namely impairment and per se laws. This applies to all states. You can be convicted of a DUI if you are actually under the influence or impaired by drugs or alcohol. Levels of impairment vary from state to state. Some require proof of substantial impairment, while others only need slight impairment proof.
The blood alcohol concentration determines whether you will be charged with DUI. Typically, the limit is at .08%.
Have you gotten into a DUI situation? You need a New Jersey DUI defense attorney. Having an attorney who will review your case and fight for you through legal representation in court is an excellent bonus in this scenario. A DUI defense attorney will ensure that your charges won’t get in the way of your life.
How Does a DUI Arrest Happen?
The law prohibits unreasonable search and seizure, so to protect yourself, you must first know what kind of evidence the police need for the arrest to be warranted.
Search and Seizure
Firstly, traffic stops and arrests fall into the seizure category. Search and seizure require a warrant, but the law varies for vehicles. Police stop vehicles under reasonable suspicion or if they believe they have committed an offense.
A DUI arrest might not be the base of drunk driving suspicions. Instead, an officer could stop a motorist for a minor traffic violation, and only then would they notice signs of intoxication. This makes the stop valid, and the officer is then allowed to perform a DUI investigation. For DUI checkpoints, cars must stop for police to conduct an inspection.
Probable Cause
As far as DUI arrests and prosecutions are concerned, the driver’s arrest should be supported by probable cause, or the officials must have solid proof of the motorist’s intoxication.
Other states define DUI as being in actual physical control of a vehicle while impaired by drugs or alcohol or having a BAC of .08% or more. A driver’s driving pattern provides officials with probable cause and other factors such as odor, eyes, manner of speaking, and erratic behavior.
Officers will then ask motorists to perform field sobriety tests or breath tests. If all the facts lead to the driver being under the influence, there is a cause for making a DUI arrest.
Was the arrest warranted? Regardless of whether your answer above is yes or no, know that it is within your rights to have a DUI defense attorney by your side. A DUI defense attorney from a reputable New Jersey law firm is skilled in the art of defending your case and representing you in court, making sure that the other areas of your life don’t suffer the damages of your case.
The DUI Arrest was Illegal. What Do I Do?
If your case happens to be where there was no reasonable suspicion for the stop, or there wasn’t any probable cause for the arrest, the evidence obtained will be inadmissible in court. Excluding illegally obtained evidence from consideration at trial would require the defendant to file a motion to suppress evidence. If done successfully, this can lead to a dismissal of the DUI charge.
What Happens at a DUI Trial?
If you are being charged with a crime, you are entitled to a jury trial. A criminal defendant will often waive the right to a jury trial in favor of a trial by a judge or a bench trial. DUI defense attorneys have particular reasons for thinking that bench trials will guarantee victories.
However, the majority of defense attorneys prefer jury trials. When the trial begins, the prosecution outlines their plan for proving the DUI charge by explaining who they set as witnesses and presenting evidence to back up the charges.
The prosecution has the burden of showing proof in a DUI case beyond a reasonable doubt. The defense’s job is to cross-examine the prosecution’s witness and eventually present evidence from their side.
Seek Legal Advice from a DUI Defense Attorney
If you are from Clifton, NJ, and are currently involved in a DUI case, know that you have the right to an attorney. Get in touch with a reputable criminal defense attorney.
A DUI defense attorney can represent and defend you in court to ensure that your charges are dropped or that they don’t have significant damage to your life. The DUI defense attorneys at Jaloudi Law are more than capable of reviewing your case, taking your case to court, and taking action in accordance with New Jersey law.
