New Jersey DWI Lawyer Blog

September 12, 2019

New Jersey Cracks Down on DWI Laws

Driving while intoxicated (DWI) is a serious offense that can have negative effects on virtually every aspect of your life. If you have been arrested or charged with a DWI, our New Jersey DWI attorneys have the experience and skills to represent you. We will thoroughly review your situation and use our knowledge to challenge the charges against you. Our goal is to help you avoid the most serious penalties and expenses that accompany a DWI.

In New Jersey, you can be arrested and charged for driving while intoxicated if you are found operating a motor vehicle under the influence of alcohol or drugs. When it comes to alcohol, if your blood alcohol concentration (BAC) is 0.08 percent or above, then you can be on the hook for a DWI. You can even be charged and convicted of a DWI if your BAC is less than 0.08 percent but your ability to drive safely is compromised.

Individuals caught drunk driving will face different penalties to what they did before. Governor Phil Murphy signed a bill into law in August, 2019 that cracks down on drunk driving in New Jersey while also allowing more offenders to hold on to their licenses. The new law reduces the amount of time an individual caught driving under the influence in in the state will lose their license. In exchange for driving privileges, however, the offender will be required to an install ignition interlock device (IID). The IID is a device, which an offender must pay to have installed, that identifies alcohol from a driver’s breath sample. If alcohol is discovered, the vehicle will not start. The measure is designed to curb repeat offenses while still permitting people to continue working and earn a living.

September 5, 2019

Almost Half of E-Scooter Accidents Involve Alcohol

by Jonathan F. Marshall

Driving under the influence is a huge problem in New Jersey and throughout the country. However, police can sometimes be overzealous in charging individuals who may not be guilty. If you’ve been arrested for impaired driving, getting legal advice is vital. Our New Jersey driving while intoxicated (DWI) legal advocates have the experience and expertise to help ease your mind and protect your future. We are dedicated to delivering a solid defense on your behalf so that you can put this incident behind you and move on with your life.

According to a new study published in Trauma Surgery & Acute Care Open, almost 40 percent of individuals who were tested for alcohol after e-scooter mishaps had a blood alcohol concentration (BAC) over the lawful driving limit. Specifically, of the 103 patients treated at three different trauma clinics for e-scooter related injuries, 79 percent were tested for alcohol and 48 percent of those people had a BAC of over 0.08 percent. In addition, sixty percent of the 103 patients in the report were assessed for drugs, and 52 percent of those individuals tested positive.

Recognizing the dangers of alcohol use and e-scooters, New Jersey passed a bill earlier this year that regulated scooters like bicycles, which means people can ride them on streets, highways and bicycle paths. In addition, if you operate a scooter while intoxicated, you could face DWI charges.

August 28, 2019

Cranford Drunk Driver Had Open Container in Car

by Jonathan F. Marshall

New Jersey, like the vast majority of states, has an open container law prohibiting an open or unsealed alcohol beverage container in a motor vehicle. You are most likely to face an open container in a vehicle charge in connection with a driving while intoxicated (DWI) charge. If you or someone close to you was charged with any offense related to drunk driving, we are here to assist you. You can take comfort in knowing that we will provide you with a reliable and robust legal defense concerning your charges. You can trust that we will advocate on behalf of your best interests each step of the way.

A 27-year old man was arrested and charged with a DWI after driving erratically, according to the Cranford Police Department. Police stopped the vehicle for erratic driving but, following an investigation, the driver was arrested for drunk driving. The man was also issued a motor vehicle summonses for, among other things, open container and careless driving.

In New Jersey, an individual commits a DWI if he or she operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. BAC indicates the amount of alcohol in your blood. While 0.08 percent is the official legal limit, you can be guilty of drunk driving even if your BAC is lower than this amount but your ability to drive has been impaired. This is because drinking even seemingly insignificant amounts of alcohol can reduce reaction time and interfere with a person’s ability to drive safely.

August 21, 2019

Father Pleads Guilty in Tragic Drunk Driving Accident that Killed his Daughter

by Jonathan F. Marshall

Most people are familiar with basic drunk driving laws in New Jersey, but are far less knowledgeable about what happens if you are caught driving while intoxicated (DWI) with a minor in tow. This is an extremely serious offense with deliberately harsh penalties. If you have been arrested or charged with drunk driving and you had a minor in the vehicle, you need our help. Our New Jersey DWI attorneys understand how serious these charges are and also know how to handle them.

A man from Elizabeth recently pled guilty to a drunk driving accident that killed his daughter last year. In November 2018, police were called regarding a car accident on 1-295 north. Upon arrival, they discovered a man’s Ford Focus in the grass beyond the right shoulder. His 9-year old daughter had been tossed from the vehicle into a wooded area and suffered deadly injuries. The man and a younger daughter, who was also in the vehicle at the time of the accident, were not seriously hurt. The man allegedly consumed multiple alcohol beverages at an establishment before driving. His blood alcohol content (BAC) was determined to be double the legal limit. Prosecutors say that the 38-year old man pled guilty to one count of vehicular homicide, one count of endangering the welfare of a child and driving while intoxicated.

There are typically two kinds of charges that can result when a minor is in the car during a DWI arrest. N.J.S.A 39:4-50:15 makes driving with a minor (17 years of age or younger) in the car a disorderly persons offense and calls for additional criminal penalties for drivers who are found guilty of a DWI with a minor present. These penalties include possible jail time, up to six months of license suspension, fines up $1,000 and no more than five days of community service. It is important to note that these are penalties on top of the serious penalties you would be facing for a DWI in the first place.

August 15, 2019

New Jersey Law Enforcement Prepares for Drunk Driving Crackdown Ahead of Labor Day

by Jonathan F. Marshall

New Jersey police are allowed to set up roadblocks for the specific purpose of spotting drunk drivers. If you or a loved one has been arrested for driving while intoxicated (DWI) as a result of a DWI checkpoint, we may be able to help you. Our New Jersey criminal defense attorneys understand how to defend you against DWI charges. These charges are extremely serious, which is why it is imperative to talk to an experienced lawyer in the area to find out how the law applies to your specific case.

Law enforcement agencies from the New Jersey area are getting ready for the state’s biggest yearly drunk driving clampdown. The 2019 “Drive Sober or Get Pulled Over” statewide Labor Day crackdown starts on August 16,2019 and ends on September 2,2019. During this time, police officers and local law enforcement officers will be conducting sobriety checkpoints and police will target motorists who may be driving while impaired by alcohol or drugs. The national campaign is intended to raise awareness about the hazards of driving while intoxicated and is supported by a number of different activities such as national radio and television commercials, posters, signs and more. One of the campaign’s specific goals is to reduce drunk driving around the Labor Day holiday. During last year’s campaign, agencies who participated made 1,196 DWI arrests.

Under New Jersey law, police may lawfully use a DWI checkpoint for purposes of reducing drunk driving. A roadblock or checkpoint is generally legal if the public interest in having it outweighs the inconvenience and intrusion to drivers on the road. In other words, these checkpoints are constitutional because courts have decided that detecting drunk drivers and removing them from the roads serves an important societal interest that outweighs the rights of drivers to be free from brief stops at checkpoints. Typically, probable cause must exist in order for police to stop a vehicle so a checkpoint is an exception to that rule.

August 2, 2019

36 Percent of Surveyed Americans Admitted to Driving While Blackout Drunk

by Jonathan F. Marshall

If you have been charged with drunk driving, you may be facing strict and debilitating penalties. Our New Jersey DWI lawyers understand the state’s criminal defense laws and we know first hand that experience counts. Having handled and resolved countless DWI cases, we know how to provide clients with a full legal defense in an effort to mitigate adverse consequences.. Acting quickly after being charged is imperative in these cases, so please do not wait to call our office.

Despite countless awareness campaigns surrounding the dangers of drunk driving, it continues to be a major problem. A new study published by the American Addiction Centers revealed some alarming trends about drinking and driving habits in the US. The report surveyed 600 Americans. When examining the number of times individuals had driven after drinking in the preceding 30 days, the survey found that 23.2 percent of people admitted to driving after drinking at least 1-2 times and 21.7 percent of respondents admitted to drinking and driving over 6 times. Shockingly, 36 percent admitted to driving while blackout drunk while almost 50 percent admitted to being passengers of a drunk driver. In addition, 53.5 percent of survey respondents said they feel capable of driving after drinking as opposed to 46.5 percent who said they do not.

Just because drunk driving is a major problem in the country does not mean everyone charged with the offense is guilty. New Jersey law makes it a criminal offense to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or higher if you are 21 years of age or older. The legal limit is lower for individuals under 21 as well as for commercial drivers. If you have been charged with a DWI, one of the following defenses may be applicable in your case:

July 25, 2019

Advocates for Highway and Auto Safety Push for Mandatory Ignition Interlock Devices for All DWI Offenders

by Jonathan F. Marshall

DWI cases are complex and can impact virtually every aspect of your life. If you have been arrested for DWI, you need to find competent and reliable legal representation immediately. Our New Jersey drunk driving advocates have extensive experience handling and protecting the rights of clients, and we can help you obtain the best possible outcome under the circumstances of your case.

Advocates for Highway and Auto Safety is an alliance of consumer, medical, public health and safety groups, insurance companies and agents working together to make roads across the country safer. The group is now urging the Governor of New Jersey to sign into law Senate Bill 824 (the “Bill”) – legislation that would require ignition interlock devices (IID) for all convicted drunk drivers. The Bill is designed to crack down on first-time offenders with a BAC of 0.08 percent or higher, requiring these offenders to get an interlock device for a period of at least 30 days. Currently, first-time offenders whose BAC is between 0.08 percent to 0.14 percent simply get their license suspended, which supporters of the new law say is not a harsh enough deterrent. If the Bill is signed into law, New Jersey will become the thirty-fourth state in the nation with an all-offender ignition interlock law.

Under New Jersey law, you will be charged with a DWI if your blood alcohol concentration (BAC) is 0.08 percent or higher. You should note that you can be prosecuted for drunk driving even if your BAC is below 0.08 percent if you were unfit to operate a motor vehicle as a result of alcohol consumption. New Jersey has a “zero-tolerance” policy for underage drivers. As such, for individuals under the age of 21, the legal limit is 0.01 percent. For those with commercial driver’s licenses, the legal limit is 0.04 percent.
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July 18, 2019

Secondhand Alcohol Exposure Harms Twenty Percent of Adults, Study Says

by Jonathan F. Marshall

Everyone makes mistakes, but if a police officer or a New Jersey prosecutor makes an error in your case, it should not hurt you and your future. If you have been charged with driving while intoxicated (DWI), do not underestimate the importance of having a skilled legal advocate on your side. Our diligent New Jersey DWI attorneys will thoroughly review the facts and build the strongest possible defense in your case. We understand how high the stakes are, which is why we will zealously protect your rights at each stage of the legal process.

Approximately 1 in 5 adults in the country have experienced some type of harm due to another person’s conduct while drinking, according to research recently published in the Journal of Studies on Alcohol and Drugs. The study found that in 2015, about 53 million adults – or roughly 20 percent – indicated that they had gone through at least one harm, which could be attributed to someone else’s drinking in the prior twelve months. That harm varied from property damage to bodily injury. This risk is especially significant for driving-related incidents. In fact, heavy drinkers were 12 times more likely to have been involved in a crash or in a vehicle with a drunk driver than the rest of the population.

Driving under the influence of alcohol is against the law in New Jersey. When you are arrested for a DWI, the police will administer a breath test, which will determine your blood alcohol concentration (BAC). A driver who is 21 years of age or above will be charged with a DWI if his or her BAC is 0.08 percent or higher. If a driver is under the age of 21, however, that individual will be charged with a DWI if his or her BAC is 0.01 percent or higher. The legal limit for commercial drivers is a BAC of 0.04 percent or higher.

July 11, 2019

The Majority of Americans Don’t Think They Will Get Caught Driving High, Study Finds

by Jonathan F. Marshall

Being arrested for driving while high is not something you should take lightly. You could face a suspended license, hefty fines and maybe even jail time. If you have been charged with a DWI, it is in your best interest to retain the services of an experienced New Jersey DWI attorney. With years of experience, we understand how to effectively fight for your rights both in the context of a settlement negotiation and in the courtroom.

According to a new study by the AAA, almost 70 percent of Americans believe it is unlikely that a driver will get caught for getting behind the wheel while high on marijuana. In addition, the researchers noted that approximately 14.8 million drivers in the last month, nationwide, reported having driven within one hour of smoking, injecting or covering themselves with a marijuana product. This is alarming because it can take between one and four hours after using marijuana to feel its impairing effects. Data also shows that an increased number of Americans approve of driving after using marijuana (7 percent) as compared to driving under the influence of alcohol (1.6 percent). Young drivers tend to be the most pro-pot, with 14 percent admitting to operating a motor vehicle an hour after using.

Perhaps the prevalence of driving while high doesn’t come as much of a surprise considering marijuana is now legal several states and may very well be legal in New Jersey in the near future. In New Jersey, it is currently against the law to drive under the influence of alcohol or drugs. When it comes to impairment caused by alcohol, a person will be charged with a DWI if his or her blood alcohol concentration (BAC) is 0.08 percent or higher.

July 4, 2019

Sobriety Checkpoints set up around the Fourth of July in New Jersey

by Jonathan F. Marshall

Driving while intoxicated (DWI) tends to spike around certain holidays and the Fourth of July is one of them. To deter drunk driving, police departments often set up checkpoints to catch intoxicated drivers. If you have been arrested for a DWI at a checkpoint, it is crucial to contact a New Jersey DWI attorney who can defend you. At our firm, we understand how overzealous police officers can be in charging people with a DWI, especially on a holiday like Independence Day when they actively look for drunk drivers. We will investigate the legality of the checkpoint and examine your case for any procedural errors made by police that could be used in your defense.

As the Fourth of July holiday approaches, police departments across New Jersey have planned sobriety checkpoints in hopes to discourage the public from getting behind the wheel while intoxicated. Unfortunately, deadly accidents tend to spike on Independence Day. In fact, the Insurance Institute for Highway Safety has found that the Fourth of July is the most dangerous day to be on the road and alcohol plays a large part in that. Not only can alcohol lead to deadly wrecks between cars, alcohol can also be a factor in pedestrian deaths. Even when it is not a major holiday, drunk driving is a major problem in the United States. Data from the National Highway Safety Administration reveals that 10, 874 people were killed in alcohol-related accidents across the country in 2017. Of the 624 traffic deaths that took place in New Jersey, about 125 of them were a result of the involvement of alcohol.

While DWI checkpoints are prohibited in some states, New Jersey is not one of them. However, in order for a checkpoint to be legal, certain criteria must be met. In other words, the police are not permitted to make a roadblock wherever they want and whenever they feel like it. Rather, the check point must be temporary and set up at a specified location, date and time; a supervisory authority must have established the checkpoint; the public must be given prior notice about the checkpoint; the checkpoint must have been created in the interest of public safety or law enforcement goals; and the procedures used at the checkpoint must be specific and neutral.