Hudson County
DWI Lawyer
Hudson County DWI Attorney
Driving while Intoxicated (DWI) is a criminal offense in the state of New Jersey that refers to operating a vehicle while impaired by the consumption of alcohol or drugs. In Hudson County, a person can be found guilty of DWI if their blood alcohol content (BAC) is 0.08% or higher. Penalties for DWI can include fines, jail time, and the revocation of one’s driver’s license. Repeated offenses can result in harsher penalties and long-term consequences. However, not every DWI allegation automatically rolls into a conviction. The right legal team can help you to build your case and fight for the best possible outcome.
At the Law Offices of Robert Tsigler, PLLC, our Hudson County DWI lawyers have a deep knowledge of New Jersey’s laws and regulations surrounding drunk driving. With years of case experience, we understand the systems and rules that govern DWI cases. Our attorneys are respected by prosecutors throughout Hudson County and are well-versed in the strategies necessary to build a successful defense. We are committed to helping you through this challenging time and protecting your rights.
Our DWI defense lawyers provide a personalized approach to every case. We have the resources necessary to thoroughly examine every detail of your case to spot any potential defenses. We understand the nuances of DWI cases and are prepared to explore every option available to achieve the best outcome possible. We are dedicated to providing you with the highest level of legal representation and helping you get your life back on track. Connect with us today if you have been charged with DWI in Hudson County.
What Are Common Reasons for a DWI Arrest in Hudson County?
- Operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher. In New Jersey, driving with a BAC of 0.08% or higher is illegal. The state uses breathalyzers and blood tests to determine a driver's BAC.
- Operating a vehicle while under the influence of drugs or a combination of drugs and alcohol. DWI laws in New Jersey also apply to drivers under the influence of drugs, prescription drugs, or a combination of drugs and alcohol.
- Operating a vehicle while displaying signs of impairment, such as swerving, speeding, or disregarding traffic signals. Police officers are trained to identify the signs of impairment, such as red eyes, slurred speech, and the smell of alcohol on a driver's breath. If an officer suspects a driver is impaired, they may conduct field sobriety tests and a breathalyzer test.
- Operating a vehicle after consuming alcohol in a public place, such as a bar or restaurant. Even if a driver has not yet started driving, they can still be arrested for DWI if they are found to be in physical control of a vehicle while under the influence of alcohol.
Why Are People Sometimes Mistakenly Arrested for DWI?
People can be mistakenly arrested for DWI for various reasons. The following are some of the most common reasons:
- False positive breath test results: Breathalyzer tests, which are used to measure a driver's BAC, are only sometimes accurate. Factors such as a driver's medical conditions, diet, and certain types of mouthwash can result in a false positive reading.
- Improperly administered field sobriety tests: Field sobriety tests, used to determine a driver's level of impairment, must be administered correctly to be accurate. An officer who is not properly trained or does not follow the correct protocols can mistakenly conclude that a driver is impaired.
- Lack of probable cause: An officer must have a valid reason for pulling a driver over and conducting a DWI investigation. Any subsequent arrest or charges may be considered unlawful if an officer pulls a driver over without probable cause.
- Confusion with other charges: Sometimes, people are charged with DWI when they should actually be charged with other traffic offenses, such as reckless driving.
- Lack of understanding of state laws: Different states have different laws and penalties for DWI and DUI. An officer or prosecutor may mistakenly arrest or charge someone with DWI if they are not familiar with the state's specific laws.
What Proof Does a Hudson County DUI Attorney Need To Win a DWI Case?
A DUI attorney in Hudson County must gather and present specific evidence to win a DWI case. The following are some of the key pieces of evidence that may be used in a DWI case:
- The results of a breath test: An attorney will need to review the breath test results to ensure that the breathalyzer machine was calibrated correctly, was operated correctly, and the test was administered properly. Also, the attorney will need to challenge the results if the breath test was not done within the legally required time frame.
- Video and audio evidence: Video footage from a patrol car's dash camera or body camera, as well as audio recordings of interactions between the driver and the arresting officer, can provide valuable insights into the driver's behavior, the officer's observation, and the arrest procedure.
- Eyewitness testimony: Eyewitnesses who observed the driver's behavior before, during, and after the arrest can provide important information about the driver's level of impairment, such as the driver's ability to walk, talk, and follow instructions
- Expert testimony: An attorney may call on experts in fields such as toxicology or accident reconstruction to help explain the results of a breath test, blood test, or urine test or to testify about the driver's level of impairment. An expert may also be able to challenge the credibility of the test results or the procedures used during the arrest.
- The officer's report: The attorney will review the report to ensure that it was filled out correctly, contains all the required information and doesn't contain any inconsistencies. The attorney will also check if the officer had the legal grounds to pull the driver over and if the arrest was made with probable cause.
- It's essential to note that a DUI attorney will use all the evidence available to argue that the prosecution has not met the burden of proof, that the arrest was made without probable cause, or that the test results are unreliable or not admissible. This is done to challenge the state's evidence and cast doubt on the prosecution's case.
DUI Defense Attorneys FAQs:
Q: How Much Do Most Lawyers Charge for a DUI?
A: The cost of hiring a DUI attorney can vary widely depending on the specific details of your case, the attorney’s experience, and the case’s location. Typically, DUI attorneys in New Jersey charge an hourly rate ranging from $150 to $500 per hour. Some attorneys may also charge a flat fee for their services. It’s important to note that a DUI case may be more complex than other types of cases and require more time, which can increase the overall cost of hiring a DUI attorney. It’s recommended to schedule a consultation with a lawyer and discuss the specifics of your case to get an accurate estimate of the cost of hiring a DUI attorney.
Q: Do You Need a Lawyer for DWI in NJ?
A: While it is not legally required to have a lawyer for a DWI case in New Jersey, it is highly recommended. DWI charges are serious criminal offenses that can result in significant fines, jail time, and the loss of driving privileges. A DUI attorney will have the knowledge and experience necessary to navigate the legal system and build a strong defense on your behalf. Additionally, a DUI attorney can negotiate with prosecutors to try and reduce or dismiss the charges against you, which can help minimize the potential consequences of a DWI conviction.
Q: Should I Get a Lawyer for DUI in NJ?
A: Yes, it is highly recommended to get a lawyer for a DUI case in New Jersey. DUI charges can have severe consequences, and a DUI attorney can help protect your rights and build a strong defense on your behalf. A DUI attorney will have a deep understanding of the state’s laws and procedures and can negotiate with prosecutors to try and reduce or dismiss the charges against you, which can help minimize the potential consequences of a DUI conviction.
Q: What Should I Do if I Am Pulled Over for Suspicion of DWI in New Jersey?
A: If you are pulled over for suspicion of DWI in New Jersey, remain calm and follow the officer’s instructions. Pull over to a safe location as soon as possible, be polite and respectful to the officer, and follow their instructions. Do not admit guilt or make any incriminating statements. You have the right to remain silent, and it’s advisable to use it. Remember that you are entitled to legal representation; if you are arrested, ask to speak with a lawyer before answering any questions. It’s also important to remember that if you are arrested, you will have to submit to a breath, blood, or urine test. Refusing to do so can result in the automatic suspension of your driver’s license and additional penalties.
If you have been charged with DWI/DUI, contact an aggressive Hudson County criminal defense attorney at 718-878-3781. Begin your case with a consultation!
Contact the Law Offices of Robert Tsigler, PLLC, Today
At the Law Offices of Robert Tsigler, PLLC, our criminal defense lawyers have years of experience defending clients in all types of DWI cases throughout New Jersey. Our team of dedicated attorneys is committed to providing you with the best legal representation and achieving the most favorable outcome for your case. Contact us today to schedule a consultation and discuss your case.
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The special conditions that apply for a DWI conviction vary from state to state. The type of offense will also determine the specific stipulations placed on your sentencing. Probation and the suspension of your license are two forms of punishment that accompany DWI charges. The point of probation for an individual convicted of DWI is to introduce limitations and treatment efforts to help with recovery. This period is also an opportunity to show reform and adherence to the law. Some standard conditions for a DWI conviction are supervision by a probation officer, unannounced testing, and community service.
In instances where an accused person is guilty of a subsequent offense, the court can mandate the installation of an ignition interlock device. This tool detects the presence of alcohol on the driver’s breath and disables the vehicle. In some regions, an ignition interlock device is mandatory for a second, third, and fourth DWI offense. However, a judge can also order an IID for a first offender if the installation is considered necessary for the purpose of justice.
Another special stipulation is alcohol evaluation and admission to a treatment program. The court can decide that the accused needs professional alcohol evaluation regularly to which you must submit. A court can request an individual to get treatment towards rehabilitation. The duration of the program will depend on the degree of the crime and instance of the offense.
In severe cases of driving while intoxicated, the judge may order a SCRAM bracelet– an alcohol monitoring device that has to be worn throughout. Some states have gun restrictions as part of the special circumstances for a DWI. If found guilty, you may not be able to own any firearm.
It is imperative to follow the terms of a probation sentencing to the letter. Any violation of the special conditions can lead to a violation of the sentencing, which gives a probation officer the right to report you. The breach of probationary terms can result in a jail sentence. A court can also choose to extend your probation period or impose even harsher conditions than before. Courts consider various factors before issuing special conditions for DWI convictions the type of defense will, therefore, matter a great deal, especially when facing a complicated DWI case.
Drinking while under the age of 21 is illegal in all 50 states and the District of Columbia. You make matters worse when you decide to drive while under the influence of alcohol. If you’re pulled over and it is determined that you’ve been drinking and driving, you’ve got a new set of worries to deal with.
A “Zero Tolerance” DUI law is exactly what it suggests. It applies to drivers under the age of 21 who have been caught drinking and driving. There is “zero tolerance” for such behavior so the risk is greater than it is for adults who opt to drink and drive.
You see, there are two punishable offenses. The first is underage drinking. The second is DUI.
The law frowns upon both. In fact, if you get convicted of a DUI under the “Zero Tolerance” law, you’re subject to punishment by your state. It could mean jail time for you or a fine if not both.
A DUI stays on your driving record even after you’re of legal age. The long-term implications are not worth the hassle. It is illegal for you to drink even the smallest amount of alcohol and drive.
The reason there are such strict laws against it has to do with the number of accidents that occur with drivers under the age of 21. Night-time crashes involving a single car decreased in many states after “Zero Tolerance” was adopted.
A DUI can make it difficult for you to find a job or even be trusted with a vehicle. If you were driving with passengers in the car, there is a good likelihood that the individuals or the parents of the underage riders will not want them to ride with you again. Tarnishing your reputation and breaking the law is not worth the risk.
Young people who want to drink should wait until they’re of age to do so. Even then, they should be responsible enough to find a designated driver, that is one who has not drunk alcohol, to drive them home. Hiring a taxi cab or rideshare service is advisable for drinkers of legal age.
If you are convicted on a DUI/DWI charge the court may order you to install a breath alcohol ignition interlock, also known as an ignition interlock device, on your vehicle as a condition of your probation. These devices are designed to prevent an intoxicated driver from starting the vehicle by requiring that a breath sample be provided to the device before a vehicle can be started.
Most interlock devices measure your breath sample according to your state’s definition of presumed intoxication/impairment. In most jurisdictions, this is 0.08%. If your breath sample exceeds this amount, your will be unable to start your vehicle. Some interlocks are also programmed to shut down your vehicle’s ignition for a preset period of time following a breath sample that exceeds your state’s definition of presumed intoxication. This is to prevent a driver who fails a breath test from simply having someone else provide a breath sample after the interlock detects alcohol.
If the court orders that an interlock device be installed on your vehicle, you must pay for its installation and you will probably have to present proof of installation to your probation officer or some other officer of the court. If your vehicle was impounded at the time of your arrest, you will also be responsible for paying any fees or other charges that must be paid before you can retrieve your vehicle to have the interlock installed.
Since interlock devices are expensive (typically $600 and up) your NYC dwi lawyer may be able to argue that installing such a device would impose a financial burden on you and your family. If he or she can successfully present that argument, the court may impose additional restrictions in lieu of an interlock.
As always, a DUI/DWI charge is a very serious matter. If you have been charged with this offense it is always advised that you be represented by an NYC DWI attorney who is familiar with the DUI/DWI laws in your state. Retaining the services of an aggressive NYC DWI defense attorney is always the best course of action if you are facing such charges.
Blood alcohol content, also known as BAC, is how much alcohol is currently in an individual’s bloodstream. This allows police to know how intoxicated an individual is and how it impacts their decision making. The legal limit is at or below .08 percent for every state to ensure that individuals do not operate a motor vehicle while their cognitive and physical abilities are impaired beyond an acceptable level.
Calculating BAC is simple enough to conduct and is done with a breathalyzer device on a regular basis by the police. The impaired individual breathes into the device and it measures how much alcohol is in the bloodstream in decimal form. A BAC of 0 indicates no alcohol content and any number above this indicates some level of alcohol impairment.
Impairment begins at levels as low as .02 or around two drinks for a man that is 160 pounds consumed in an hour. At this level, individuals experience a rise in body temperature and begin to relax more than usual, which can impair reaction time and decrease visual functions. It’s also more difficult for a person to do two things at the same time. A
At .05 percent BAC an individual can be charged with driving under the influence, which is a lesser charge and version of driving while intoxicated or DWI. This level of impairment includes exaggerated behavior, lower level of alertness, and difficulty with steering and slower response time to distractions such as other drivers or an animal running into the road.
At .08 percent, which is the threshold for a conviction of driving while intoxicated, muscle coordination required for balance, speech and reaction time slows and it is more difficult to exercise self-control or wise judgment. It’s not as easy to stop suddenly and it’s common to have difficulty staying in your lane.
Blood alcohol content is a way to measure the level of alcohol in an individual’s blood to determine their level of impairment. It can be a useful way for law enforcement to determine whether a person can be charged with the offense.
When you go to court and the judge grants you probation instead of sentencing you to jail at that time, think of it like a second chance to learn from the mistakes that you have made. The length of probation is often determined based on the type of crime you committed and if you’ve been in trouble in the past. There are a few usual conditions that most people will have to follow when they are on probation. If you don’t follow these conditions, then you could spend time in jail or have your term extended.
You will probably be ordered to take some kind of class that goes along with the charges you received, such as a drug class. You might be ordered to attend counseling sessions either individually or in a group. You’ll usually have to take and pass drug tests. The number of tests that you have to take will usually depend on the crime you committed. If you were charged with anything involving drugs or alcohol, then you’ll usually have to take more tests than someone who is charged with shoplifting. You’ll also have to pass the drug tests that you take. If you don’t, then the probation officer can submit a violation which could mean going to jail or stricter guidelines.
Most probation conditions include avoiding certain people or locations. These would be the people who were involved in the crime committed and locations where you aren’t wanted or where you could get in trouble again. You are not to commit another crime while you’re on probation. Another condition that is often required of people who are on probation is paying fines each month. The amount is determined based on the charges and if there is restitution that needs to be paid to victims. You will probably be subjected to home visits by the probation officer and need to visit the probation officer once a month.
Driving while intoxicated infers someone took to the roads in an inebriated state. In most instances, this basic description fits most situations in which someone has been arrested for a DWI. However, a person does not need to actually be driving to be charged with a DWI offense. State laws do differ, but many jurisdictions do bar getting behind the wheel of a vehicle while intoxicated. Even if you aren’t driving, sitting in a non-moving, parked car while drunk can lead to arrest.
Concerns exist that someone who is intoxicated and, while not driving at the present, clearly is capable of doing so. All the person has to do is turn the key in the ignition and pull away from the parking spot. In doing so, the driver then creates an obvious and dangerous hazard. Police officers take the potential to drive away with the vehicle into consideration when discovering a drunk person inside a car.
Although the police may arrest someone who is intoxicated and seated in a vehicle, an arrest does not automatically mean a jury would find the person guilty beyond a reasonable doubt. The case might never even reach the trial stage. A judge could dismiss the charges or the charges may be withdrawn.
Other issues could complicate matters for the prosecution. Did the police truly have probable cause? Did any illegal searches occur? An NYC DWI defense attorney can probe the case to determine if any rights were violated or if the arrest was an outright false one.
Those charged with a DWI under unclear circumstances may be able to fight the charges with the right legal representation. NYC dwi lawyers with experience handling DWI defenses look over the specifics of a clients case and decide on the approach to take.
Our DUI Attorneys at Robert Tsigler, PLLC are Ready to Fight for You!
Getting representation as soon as possible following any DWI or DUI-related charge is the best way to promote a positive result from a subsequent trial. These charges are considered very serious and can result in expensive fines, the loss of driving privileges or professional licenses, and even incarceration. Only an experienced Hudson County DWI lawyer can successfully defend your case.
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