Bergen County
DWI Lawyer
Bergen County DWI Attorney
When facing DWI charges in Bergen County, New Jersey, you need an experienced and knowledgeable attorney who can represent your best interests. This is because a DWI charge in Bergen County is considered a severe offense and can have far-reaching consequences, including steep fines, jail time, revocation of your driver’s license, and mandatory completion of a court-ordered alcohol education program. Sometimes, a DWI offense can disqualify you from certain occupational licenses or employment opportunities. If you believe you’ve been wrongfully charged with a DWI in Bergen County or your arrest circumstances warrant a plea bargain, a DWI lawyer can help.
At the Law Offices of Robert Tsigler, PLLC, we have experience defending clients accused of drunk driving in Bergen County. We believe that everyone deserves to receive the best legal defense possible and will go above and beyond to ensure that your rights are protected throughout the entire process. Our firm understands the seriousness of a DWI charge and will work with you to develop the most vigorous possible defense. We will review all of your options with you and explain how each choice may affect the outcome of your case. Connect with us today to learn more about how our Bergen County DWI lawyers can help you fight the charges against you.
What Does DWI Mean?
DWI stands for driving while intoxicated. It is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. The legal BAC varies slightly depending on the driver’s age and license classification, such as commercial driver vs. non-commercial driver. It is also illegal to drive under the influence of any controlled substance, including marijuana and prescription medications.
If a police officer pulls you over and suspects you are impaired, they may administer field sobriety tests or a breath test to determine your BAC. If these tests reveal that you are over the legal limit, you can be arrested for DWI in Bergen County and charged with a criminal offense.
What Is the DWI Process in Bergen County?
- Arrest. If a law enforcement officer has probable cause to believe that a person is driving while intoxicated, they can arrest the individual and charge them with DUI.
- Initial appearance. The individual will be brought before a judge for an initial appearance, where they will be advised of their rights and the charges against them.
- Arraignment. The individual will be prosecuted, which is a formal reading of the charges against them. At this point, they will enter a plea of guilty or not guilty.
- Pre-trial conference. A pre-trial conference will be scheduled, where the parties involved can discuss the case and reach a plea agreement.
- Trial. If a plea agreement is not reached, the case will go to trial. The individual will have the opportunity to present a defense, and the prosecution will present their case. The judge or jury will then decide the outcome of the case.
What Are Common Defenses to a DWI Charge?
- Lack of probable cause. The charge may be dismissed if the law enforcement officer did not have a valid reason for pulling the individual over or arresting them.
- Improper administration of field sobriety tests. Law enforcement officers use field sobriety tests to determine if a person is intoxicated. However, if the tests were administered improperly or the results were not accurately recorded, this could be used as a defense.
- Incorrect calibration of the breathalyzer. Breathalyzer tests are used to measure a person’s BAC. If the breathalyzer was not properly calibrated or maintained, the results may be inaccurate and could be challenged in court.
- Medical conditions. Certain medical conditions, such as acid reflux or diabetes medications, can affect the results of a breathalyzer test and may be used as a defense.
- Rising BAC defense. If a person consumed alcohol after they had stopped driving but before they were tested, their BAC might have been rising at the time of the test. This could be used as a defense if the BAC was close to the legal limit.
How a Bergen County Criminal Defense Attorney Can Help DWI Cases
If you are facing a DWI charge in Bergen County, a criminal defense attorney can help you in several ways:
- Evaluating the evidence. An attorney can review the evidence in your case, including the results of any field sobriety tests or breathalyzer tests, to determine any weaknesses or inconsistencies that can be used in your defense.
- Negotiating with the prosecution. An attorney can negotiate with the prosecution on your behalf to reach a plea agreement that may result in reduced charges or a lighter sentence.
- Defending your rights. An attorney can ensure that your rights are protected throughout the legal process and can challenge any actions by law enforcement or prosecution that may be illegal or unethical.
- Representing you in court. An attorney can represent you in court and present your defense to the judge or jury.
What Are Some Reduced Penalty Options for a DWI Charge?
- Plea bargains. A plea bargain is a formal agreement between the prosecution and the defendant where the defendant pleads guilty to a smaller charge in exchange for a reduced sentence.
- Diversion programs. Some jurisdictions offer diversion programs for first-time DWI offenders. These programs may involve alcohol education classes, community service, or other requirements that, if completed, can result in the charges being dismissed.
- Restricted driver’s license. In some cases, a person may obtain a restricted driver’s license, which allows them to drive to certain places, such as work or school, during specific times.
- Alcohol treatment programs. Sometimes, a judge may order a person to attend an alcohol treatment program as part of their sentence for a DWI charge.
- Community service. Instead of or in addition to jail time, a person may be ordered to perform a certain number of hours of community service.
- Ignition interlock device. An ignition interlock device is a device that is installed in a vehicle and requires the driver to provide a breath sample before the vehicle starts. If the BAC is above a specific limit, the car will not start. A person may be required to install an ignition interlock device as part of their sentence for a DWI charge.
- Probation. A person may be placed on probation as part of their sentence for a DWI charge. This may involve reporting to a probation officer, completing community service, and meeting other requirements.
If you have been charged with DWI/DUI, contact an aggressive Bergen County criminal defense attorney at 718-878-3781. Begin your case with a consultation!
Bergen County DWI Lawyers FAQs
Q: How Much Do DWI Lawyers Cost in Bergen County?
A: The cost of hiring a DWI attorney in Bergen County will depend on several factors, including the attorney’s experience and reputation, the complexity of the case, and the estimated time required to handle the case. While the upfront cost may be substantial, the investment can pay off in the long run by reducing or avoiding a potential jail sentence.
Q: What Are Common Reasons DWIs Are Inaccurately Charged?
A: Some common reasons a DWI charge may be inaccurate include equipment malfunction, improper calibration of breathalyzer or field sobriety test equipment, police misconduct, and the lack of evidence to support the charge. Additionally, an experienced attorney can often contest the charge if there are any issues with the evidence or inconsistencies in the police report.
Q: What Defense Strategies Can an Attorney Use for a DWI Case?
A: The accuracy of field sobriety tests, the accuracy of breathalyzer results, and other factors may be challenged in court by a defense lawyer. Depending on the specifics of the case, an attorney may be able to successfully challenge the initial stop, traffic violation, probable cause for arrest, and other factors related to the DWI charge. Additionally, an attorney may use procedural and/or constitutional defenses to suppress evidence that might otherwise be used against the defendant.
Q: What Type of Community Service Can Be Required for a DWI Charge?
A: Depending on the jurisdiction and the particular case, community service related to a DWI charge may include tasks such as picking up litter, working in community gardens or homeless shelters, teaching traffic safety classes, and other activities related to alcohol harm prevention. Additionally, some jurisdictions may require a person to attend an alcohol treatment program or counseling as part of their sentence.
Contact the Law Offices of Robert Tsigler, PLLC, Today
If you have been charged with DWI in Bergen County, New Jersey, the experienced criminal defense attorneys at the Law Offices of Robert Tsigler, PLLC, can help. We will review your case and provide you with the best legal defense to protect your rights and interests. Contact us today for a consultation.
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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 Bergen County DWI lawyer can successfully defend your case.
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