Hackensack DUI Lawyer to Help Fight for Your Rights

In New Jersey, driving under the influence (DUI) convictions carry severe consequences. Even though a DUI is considered a “traffic offense” rather than a crime, individuals who are convicted can still face fines, other financial penalties, loss of driving privileges and jail time. Additionally, as a traffic offense, a DUI is not eligible for expungement, and this means that your conviction could very well stay on your record for the rest of your life. Meeting with a Hackensack DUI lawyer is critical in order to protect your driving freedom and other liberties.

The good news is this: There are numerous potential defenses to DUI charges in New Jersey. Regardless of whether you believe you were intoxicated, you “failed” the field sobriety tests or you blew above 0.08 percent on the Alcotest, your case is far from over. With more than a decade of experience, attorney Scott Gorman has successfully defended numerous clients against DUI charges under a broad range of circumstances, and he can use this experience to protect you.

Defenses for DUI Charges in New Jersey

Some of the potential defenses to DUI charges in New Jersey include:

Unlawful Traffic Stop or Arrest

If you were stopped without reasonable suspicion or arrested without probable cause, any evidence obtained after your traffic stop or arrest may be inadmissible in court.

Faulty Breath Test Results

Faulty calibration, improper test administration and various other issues can result in “false positives” for blood alcohol concentration (BAC) readings above the legal limit.

Improper Administration of Field Sobriety Tests (FSTs)

Improper administration of the field sobriety tests and misinterpretation of suspects’ performance on the FSTs can render the results inherently unreliable.

You Were Not Actually Driving Under the Influence

Whether there are other explanations for your alleged erratic driving behavior or your BAC estimate is not an accurate representation of your BAC when you were driving, there are a variety of potential ways to challenge the government’s evidence that you were under the influence of alcohol when you were behind the wheel.

DUI Penalties in New Jersey

In New Jersey, the potential penalties for a DUI conviction vary depending upon whether you have one or more prior convictions on your record as well as whether any aggravating factors (such as causing an accident or being pulled over in a school zone or with minors in your vehicle) are involved in your case. Broadly speaking, the potential penalties include:

  • Hundreds of dollars in fines and fees
  • $1,000/year insurance surcharge for three years or $1,500/year for a third DWI occurring within three years of the second DWI
  • Loss of driving privileges for months or years
  • Mandatory installation of an ignition interlock device for months or years
  • Jail time (up to 30 days for a first-time offense)
  • Mandatory enrollment at an Intoxicated Driver’s Resource Center (IDRC) at your expense

Our Hackensack DUI Lawyer Explains “DWI Refusals”

In New Jersey, in addition to facing penalties for drunk driving, when you get stopped on suspicion of DWI, you can potentially face additional penalties for what is commonly known as “Refusal,” which is short for Refusal to Submit to a Chemical Test.

This is a result of the law of “implied consent.” When you drive on New Jersey’s public roads or even a quasi-public road like a parking lot, by law, you consent to taking a breath test if a police officer has probable cause to believe that you drove while intoxicated. The arresting officer must advise you of certain rights when they ask you to submit to a breath test, and he or she must also advise you of the consequences of refusing to submit to testing. However, under the circumstances, it is common for drivers to misunderstand their obligations (or for the arresting officer to fail to meet his or her legal obligations). As a result, it is also common for individuals who have been charged with DWI to face an additional charge for Refusal.

Since a Refusal is a separate offense from a DWI, it is possible to face penalties for Refusal even if you are not found guilty. But, the fact that these are separate offenses also means that there are separate defenses for Refusals as well. Hackensack DUI lawyer Scott Gorman is experienced in representing clients who refused to submit to the breathalyzer during their DWI arrests, and he can make sure you have every possible opportunity to avoid the license suspension, fines and other financial penalties that can result from a Refusal conviction.

Facing a First-Time DWI 

If you are facing a first-time DWI charge, it is important to understand what you are up against. The penalties for a first-time DWI conviction are substantial (including possible jail time), and New Jersey prosecutors vigorously pursue all cases involving alcohol and drug-related driving offenses.

Penalties for a First-Time DWI (0.09 Percent BAC or lower)

  • Fines ranging from $250 to $400
  • Ignition interlock device for three months
  • Loss of driving privileges until ignition interlock device is installed
  • Up to 30 days in jail
  • 12 to 48 hours at an Intoxicated Driver’s Resource Center and must comply with IDRC recommendations

Penalties for a First-Time DWI Refusal

  • Fines ranging from $300 to $500
  • 12 to 48 hours at an Intoxicated Driver’s Resource Center and must comply with IDRC recommendations
  • Ignition interlock device for 7 to 12 months
  • Loss of driving privileges until ignition interlock device is installed

Keep in mind, these are the penalties for a “standard” first-time offense. If your BAC was above 0.10 percent or higher, if you were stopped in a school zone, if you were transporting a minor, if you were under the influence of a drug, or if there are certain other aggravating factors involved in your case, the potential penalties will be even greater. With so much at stake, contacting a Hackensack DUI lawyer becomes a critical act. 

Facing a DUI Charge as a Multiple-Time Offender

If you have a prior DUI on your record, the consequences of a conviction as a multiple-time offender are even more severe. This is true for both DWI and Refusals.

Penalties for a Second DWI (within 10 Years of First Offense)

  • Fines ranging from $500 to $1000
  • Must comply with recommendations from the Intoxicated Driver’s Resource Center (IDRC)
  • 2 to 90 days in jail and 2 days may be served at the IDRC
  • 30 days of community service
  • Loss of driving privileges for one to two years, after which application must be made to Chief Administrator of the NJ Motor Vehicle Commission for restoration of driving privileges
  • Ignition interlock device during the period of loss of driving privileges and for two to four years after restoration of driving privileges

Penalties for a Second Refusal

  • Fines ranging from $500 to $1000
  • Must comply with the recommendations of the Intoxicated Driver’s Resource Center
  • Loss of driving privileges for one to two years after installation of an ignition interlock device
  • Ignition interlock device during period of loss of driving privileges, as well as for two to four years after restoration of driving privileges

Penalties for a Third or Subsequent DWI (within 10 Years of Previous Offense)

  • $1000 fine
  • Loss of driving privileges for eight years
  • 180 days in jail
  • Must comply with Intoxicated Driver’s Resource Center recommendations
  • Ignition interlock device during period of loss of driving privileges, as well as for two to four years after restoration of driving privileges

Penalties for a Third or Subsequent DWI Refusal

  • $1000 fine
  • Must comply with Intoxicated Driver’s Resource Center recommendations
  • Loss of driving privileges for eight years after installation of an ignition interlock device
  • Ignition interlock device during period of loss of driving privileges, as well as for two to four years after restoration of driving privileges

Learn More about Your Drunk Driving Case

When facing a DUI charge in New Jersey, it is important to learn as much about your situation as possible. In addition to scheduling a free initial consultation, we encourage you to read some the resources created by our Hackensack DUI lawyer:

Contact Us Now for a Free Initial Consultation with an Experienced Hackensack DUI Lawyer

To speak with Hackensack DUI lawyer Scott Gorman about your New Jersey DUI case, please call 201-489-9199 or contact us online. We will schedule your free initial consultation as soon as possible.

Scott Gorman Explains the Difference between DUI and DWI in New Jersey

"...he was nothing less than

professional, courteous, and articulate

throughout the entire process."
- Lenore K.
"...I can honestly say that Scott

made me feel as though I was his only client..."

- Kristin B.
"...Scott's professionalism, courtesy, and kindness, made me feel very

comfortable and confident

working with him..."
- Carolyn D.
"...From the moment we first spoke I knew that he was going to

fight my case with everything he had..."

- Robert B.
"...On my court date,

Scott turned a tough situation into a favorable outcome..."

- Charles L.
"...very professional lawyer that gets the job done.

He stays on top of your case

and always keeps in contact with you..."
- Douglas F.
"...I ended up getting the deal I wanted... As an attorney I think

he goes above and beyond his duties...”

- Laurie B.
"...I am very pleased to say

the Judge dismissed my case

based on one of the motions filed by Scott..."
- Melissa W.
"...He was there if I had a question and took care of everything from A-Z

exactly the way that he promised

me when I first met him. I am super happy with his service..."
- Lily V.
"...Scott’s best quality was being able to explain

exactly what motions were filed and what the prosecutor would do next..."

- Ingrid N.
"...Throughout my case Scott was

professional, dedicated, and easily accessible..."

- Lynn C.
"...was  being charged with a DWI, but overcame the situation with his help...

He goes above and beyond for his clients..."

- Karla R.
"...I'd highly recommend Scott if you need

a dogged advocate looking out for your rights.”

- K.B
"...Scott treats his clients

as if they were his own family

and I would highly recommend him to others."
- Anita S.
"...need an

aggressive advocate for your defense,

Scott Gorman is the attorney to call."
- J.B
"...Throughout the process you did not treat me like a client,

but a family member in trouble..."

- Carlos M.