New Jersey DWI/DUI Defense Attorney

A DWI/DUI arrest is an embarrassing and humiliating situation, and dealing with law enforcement, the police facility, and the prospect of losing your license is all upsetting and stressful.  However, this is only the beginning of the process - you have now entered "the system".  The legal system takes its course and many individuals may feel that they cannot control any part of it.  However, this is not actually the case.   With a proactive approach, something can be done about it.  A New Jersey DWI/DUI defense lawyer can assist you in the defense of your case.  Rafael Gomez takes a unique approach to defending DWI/DUI cases as well as other criminal offenses.  Your case will not be handled by a legal assistant when you are a client of this firm - you will be assisted personally by a lawyer, each of whom is extremely qualified and experienced.

DWI/DUI Defense Lawyer in Bergen/Hudson/Passaic/Essex County

There are a variety of types of DWI/DUI offenses, each with its own set of penalties.  If an individual has a prior DWI/DUI conviction on his/her record, the penalties increase.  A third DWI/DUI charge may result in jail.  The law comes down hard on those who are considered to be repeat offenders.  If an accident was part of the incident, the charge will likely be a felony as well, and if a fatality occurred, this is an extremely serious situation, and could result in many years spent in state prison.

Rafael Gomez can assist clients facing any of the following types of DWI/DUI offenses:

• DWI/DUI
• Multiple DWI/DUI
• DUI with Injury
• DWI/DUI with Accident
• DWI/DUI Manslaughter
• Underage DWI/DUI
• DWI/DUI with Underage Passenger
• Commercial Driver's License (CDL) DWI/DUI
• DWI/DUI with Drugs

There are often strong options to defend DWI/DUI charges, and with a thorough review of the evidence against you, the legal team can advise you what strategy can be implemented.  It is vital that you act quickly, as you will likely have your license suspended if you do not contact the firm and set up an appointment as soon as possible.

New Jersey's main driving while intoxicated law is covered by N.J.S. 39:4-50, among other statutes concerning Driving While Intoxicated.

DWI - N.J.S.A. 39:4-50

(a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject

PENALTIES – FIRST OFFENSE .08% BAC or “Under The Influence”  

(1) For the first offense:

(i) if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;

PENALTIES – FIRST OFFENSE .10% BAC or Higher or  Under The Influence of Drugs.

(ii) if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

 (iii) For a first offense, a person also shall be subject to the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.).

 PENALTIES – SECOND OFFENSE

 (2) For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for two years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1).

PENALTIES – THIRD OR SUBSEQUENT OFFENSE

(3) For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for 10 years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1).

 As used in this section, the phrase "narcotic, hallucinogenic or habit-producing drug" includes an inhalant or other substance containing a chemical capable of releasing any toxic vapors or fumes for the purpose of inducing a condition of intoxication, such as any glue, cement or any other substance containing one or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.

PROBABLE CAUSE WHEN THERE IS AN ACCIDENT

Whenever an operator of a motor vehicle has been involved in an accident resulting in death, bodily injury or property damage, a police officer shall consider that fact along with all other facts and circumstances in determining whether there are reasonable grounds to believe that person was operating a motor vehicle in violation of this section.