Understanding a DUI charge in new jersey: what to know

A DUI charge is going to make you anxious about the court and the money involved. There are also all sorts of concerns about your job and your ability to drive. 

Knowing the basic steps will help you to stay on top of things and avoid any assumptions. Knowing what the process is will help anyone facing a DUI charge in New Jersey to make informed decisions.

What a DUI charge means.

NJ law prohibits driving while impaired by alcohol or certain drugs. A BAC of 0.08% or above is sufficient to support an alcohol related DUI. A case can also be based on the observation of impairment even if the test result is below that level. 

Drug impairment can be due to illegal drugs, cannabis, or prescription medication. All of these will have an effect on your ability to drive. A charge is an allegation, not a finding of guilt. The facts and evidence in each case are what will determine the outcome. 

The law may apply in different ways in different circumstances. The driver's history and the type of substance involved are also relevant factors. Anyone who gets a summons should read it very carefully and note the court date and the instructions.

What happens after an arrest? 

The police may stop a driver for unsafe driving that they observe. They may do so in response to a report or in the course of investigating a collision. They will ask questions and will do a roadside assessment. Where the law permits, they may request a breath test. 

If they do end up arresting the driver, they will take them to a station where they will proceed with the further process and paperwork. On release, the driver should keep all the documentation that they have received from the police or the court. 

That documentation may contain the charge, the hearing date and the particulars of the case. Missing a court appearance can be a problem. It is vital to confirm the date and to know what the court is expecting. The process will of course vary from case to case. Some will be cases where there is a dispute about the test result or the stop. Others will be cases of a refusal or a collision.

Possible legal consequences

A DUI conviction brings with it financial penalties as well as driving restrictions. The consequences will vary depending on the circumstances and may include fines, mandated programs, license suspension, or the installation of an ignition interlock device. Jail time is also a possibility. 

A repeat offender will be subject to more severe penalties than a first-time offender. The level of alcohol in the system, as well as the other facts of the case, will all have an effect on the outcome. New Jersey may also impose fees and insurance surcharges in addition to the court fine. 

The costs don't end with the court case either. That is particularly true if the driver is required to meet licensing or program requirements. A DUI charge will also have an impact on employment obligations. A driver who commutes to work may need to consider other forms of transport. A person who uses a vehicle in the course of their employment will face additional practical difficulties.

Why legal advice may be important

DUI law is full of procedural rules, and there are specific penalties. A competent NJ attorney will explain the charge. They will go through the records that are available and will identify the issues that need to be addressed. They will then set out the various options that are available. 

You should always be asking questions about the process, the deadlines, the likely costs, and what documentation you're going to need to provide. If you can't afford to have private representation, you should always ask the court whether you're eligible for appointed counsel.

Practical steps to take

Keep all the paperwork in one place. Note all the deadlines. Read the court notices very carefully. If you're at all in doubt as to the basics of the case (i.e. the court date, the nature of the order etc.) then get in touch with the court. Keep a record of all the expenses and all the transport arrangements. 

You should keep all the documentation relating to the stop/arrest. Don't drive when the law or the court order prohibits you from doing so. Don't ignore any license restrictions or testing requirements. Don't ignore the court instructions either. If the person is required to travel for work, then they should look at the various legal options available to them. They should not consider a further risk of violation. 

They should not risk a further violation. Be very careful when talking to insurers, employers, or any other party about the incident. Answer questions honestly. Don't guess when you don't know the answer. It's the form. It will also assist in being able to tell a trusted person about your practical requirements (e.g., transport, a hearing, etc.).

Look beyond the initial charge.

A DUI charge is daunting. It's much easier to cope with if you just take it one step at a time. Read the paperwork. Keep track of the deadlines. When you have a legal question, find out what the answer is. The result will be determined by the evidence and the law that applies. The individual circumstances will be important.