DWI/DUI Defense Lawyers

Being arrested for driving while intoxicated (DWI) or driving under the influence (DUI) can lead to significant legal, financial, and personal consequences. In New Jersey, DWI and DUI charges are taken seriously, and the penalties for a conviction may affect your driver’s license, insurance premiums, employment opportunities, and overall record. A conviction does not automatically follow an arrest, but it does place your future at risk.

Individuals facing these charges may feel overwhelmed, uncertain, and concerned about what to do next.  With a clear understanding of state laws and the procedures involved, the right legal approach can make a meaningful difference. The New Jersey DWI/DUI defense lawyers at Sanvenero & Cittadino Attorneys at Law assist clients with the legal challenges that follow an arrest and advocate for their interests throughout the legal process.

• What Is Considered a DWI or DUI in New Jersey?▼

  In New Jersey, DWI and DUI charges refer to operating a motor vehicle while impaired by alcohol or drugs. For drivers aged 21 and older, a blood alcohol concentration (BAC) of 0.08 percent or higher is considered over the legal limit. Commercial drivers are subject to a lower limit of 0.04 percent, and drivers under 21 are held to a zero-tolerance standard, with any detectable alcohol leading to penalties.

  These charges may also apply when impairment is caused by illegal drugs, prescription medications, or over-the-counter substances that affect coordination and judgment. A person may face legal consequences even if the BAC level is below the threshold if the arresting officer and supporting evidence indicate that impairment occurred while driving.

• Can I Be Charged Without a Breath Test?▼

  Yes. Under New Jersey’s implied consent law, drivers who operate a motor vehicle on public roads are required to provide a breath sample when requested by law enforcement. Refusing a breath test can result in separate penalties, including license suspension and fines, regardless of whether alcohol impairment is proven through other means.

  Even without a chemical test, officers may use observations such as erratic driving, the odor of alcohol, slurred speech, or performance on field sobriety tests to justify a DWI or DUI charge. Eyewitness testimony and dashcam or bodycam footage can also be used by the prosecution.

• What Are the Penalties for a DWI or DUI Conviction?▼

  The consequences of a conviction depend on the driver’s BAC level, prior offenses, and the presence of aggravating factors such as driving with a minor in the vehicle or causing property damage. A first offense may result in fines, mandatory alcohol education classes, an ignition interlock device, and a suspension of driving privileges.

  Subsequent offenses typically carry more severe penalties, including longer license suspensions, higher fines, and the potential for jail time. Driving with a BAC of 0.10 percent or higher, or refusing a chemical test, can also lead to heightened consequences. 

• How Does a DWI or DUI Affect Your Driving Record and Insurance?▼

  A DWI or DUI conviction can have a lasting impact on your driving record. Points are not assessed for a DWI under New Jersey law, but the offense itself remains on your record and can influence future legal matters. The Motor Vehicle Commission (MVC) may impose administrative penalties separate from court-imposed sanctions.

  Insurance carriers frequently raise premiums following a conviction. Some companies may classify you as a high-risk driver, which can lead to significantly higher rates or the loss of coverage. These financial consequences may persist for several years, depending on the insurer’s policies and your driving history.

• Can a DWI or DUI Charge Be Reduced or Dismissed?▼

  There are circumstances in which our New Jersey DWI/DUI defense lawyers can get DWI or DUI charges dismissed for clients, depending on the quality of the evidence, the conduct of the arrest, and how the case is presented in court. Issues such as improper administration of field sobriety tests, lack of probable cause for a traffic stop, or faulty breathalyzer equipment may be raised as part of the defense.

  The court will consider whether proper procedures were followed by law enforcement and whether the evidence meets the legal standard for a conviction. In some cases, a plea agreement may be negotiated, leading to a reduced charge or alternative resolution.  

• How Long Does a DWI or DUI Case Take to Resolve?▼

  The timeline for resolving a DWI or DUI case in New Jersey reflects the court’s schedule, the complexity of the evidence, and whether the defendant contests the charges or enters a plea. A straightforward case may conclude in a few months, while a contested case could take longer if hearings and motions are required.

  Our New Jersey DWI/DUI defense lawyers tell clients to anticipate multiple court appearances and ongoing communication with their legal counsel throughout the process. Delays may occur if expert testimony or additional evidence is introduced, or if procedural challenges are raised by either side.

• What Rights Do I Have After a DWI or DUI Arrest?▼

  Following a DWI or DUI arrest, individuals have the right to remain silent and the right to legal representation. Statements made during or after the arrest can be used as evidence, so we recommend speaking with our New Jersey DWI/DUI defense lawyers before responding to police questions.

  You also have the right to challenge the charges in court and to request a hearing regarding the suspension of your driving privileges. Our legal team may review the circumstances of the arrest, the validity of the breath test or field sobriety test, and whether proper procedures were followed at every stage.

• Can Out-of-State Drivers Be Charged in New Jersey?▼

  Yes, out-of-state drivers who are arrested for DWI or DUI in New Jersey are subject to New Jersey law. The state may report the conviction to the driver’s home state under the Driver’s License Compact, and penalties may be imposed by both jurisdictions.

  These individuals may face administrative and criminal consequences, including suspension of their New Jersey driving privileges and potential action by their home state’s motor vehicle authority. Handling these cases often requires coordination between jurisdictions, which can affect the outcome and resolution.