Union County
DWI Lawyer
Union County DWI Attorney
In Union County, NJ, the stakes are high when it comes to DWI charges. A conviction can result in severe penalties, such as fines, jail time, and a criminal record. Unfortunately, innocent people can sometimes find themselves mistakenly charged with DWI. Maybe, they were pulled over for a minor traffic violation, and the officer smelled alcohol on their breath, or perhaps they were involved in an accident and were falsely accused of driving under the influence. Whatever the case, being falsely accused of a DWI is a traumatic experience.
At the Law Offices of Robert Tsigler, PLLC, our team of experienced Union County DWI lawyers is dedicated to giving our clients the best representation possible. Our attorneys have extensive experience defending people accused of DUI, and we will use all our resources to ensure your rights are fully protected. We understand the complex nature of DWI cases, and we know how to look beyond the surface-level evidence to form a comprehensive defense strategy. Whether your case requires creative negotiation or an aggressive litigation approach, you can rest assured that we will be with you every step of the way.
What Causes the Most DWI/DUI Cases in Union County?
- Alcohol consumption: The most direct cause of DWI/DUI cases is the consumption of alcohol, which impairs a person's ability to drive safely. The legal limit in New Jersey is 0.08% BAC (blood alcohol content). Union County drunk driving checkpoints and police officers also conduct manual tests to gauge a person's level of intoxication.
- Prescription and Illegal Drugs: Another common factor in Union County DWI/DUI cases is the use of prescription and illegal drugs. Driving under the influence of either drug prevents a person from making safe and responsible decisions.
- Lack of education: Some individuals may not be aware of the risks associated with drinking and driving or may not understand how much alcohol it takes to reach the legal limit. This ignorance of the law can lead to unknowingly breaking the law and being charged with DUI.
- Social pressure: People may feel pressure from friends, family, or peers to drink and drive, which can lead to risky behavior on the road. This is particularly common among young adults and teenagers who may not be aware of the consequences of their actions.
- Lack of alternatives: In some cases, people may need access to alternative forms of transportation, such as public transportation or a designated driver, which can lead to the decision to drive under the influence.
- Repeat offenders: Some individuals may have a history of DWI/DUI offenses, which can increase the likelihood of repeat offenses. This is because they may not have learned from the previous mistake and may not have received adequate punishment or rehabilitation to change their behavior.
Why Are Some People Inaccurately Accused of a DWI?
- Inaccuracy of field sobriety tests: The field sobriety tests used by law enforcement officers to determine a person's level of intoxication are not always reliable. Poor road conditions, bad weather, and physical limitations can affect a person's performance on these tests, leading to false positives.
- Inaccuracy of breathalyzers and other BAC measuring devices: Breathalyzers and other devices used to measure blood alcohol content (BAC) can be inaccurate or incorrectly calibrated, resulting in false readings.
- Racial profiling, police misconduct, and other forms of bias: Some people may be falsely accused of a DWI due to racial profiling, police misconduct, or other forms of bias.
- Medical conditions: Some medical conditions, such as acid reflux and diabetes, can cause a person's breath to smell like alcohol, leading to a false positive on a breathalyzer test.
- Consumption of certain foods and drinks: Consuming certain foods and drinks, such as mouthwash or bread, can also cause a false positive on a breathalyzer test.
- Mistaken identity: In some cases, a person may be mistakenly identified as the driver of a vehicle that was involved in a DWI incident.
- Lack of proper training for officers: If an officer is not properly trained to administer field sobriety tests or use breathalyzer equipment, they may make mistakes that lead to false accusations of a DWI.
What Evidence Can a Union County Criminal Defense Attorney Use in Court?
A Union County criminal defense attorney can use a variety of evidence in court to defend a person accused of a DWI. Some examples of evidence that can be used include the following:
- Breathalyzer test results and calibration records: If a breathalyzer test was administered and the results are being used as evidence against the accused, the defense attorney may challenge the test results' accuracy and the breathalyzer's calibration machine.
- Video footage: If there is video footage available from the scene of the DWI incident, the defense attorney may use it to argue that the accused was not driving while intoxicated or to challenge the accuracy of field sobriety tests.
- Expert witness testimony: The defense attorney may call upon experts in fields such as toxicology, engineering, or accident reconstruction to testify on behalf of the accused.
- Medical records: If the accused has a medical condition that could affect their performance on field sobriety tests or their BAC level, the defense attorney may use medical records to support their argument that the accused was not driving while intoxicated.
- Character witnesses: The defense attorney may call upon witnesses to testify about the accused's good character and lack of prior involvement in criminal activity.
- Other evidence: Depending on the specific circumstances of the case, other types of evidence, such as blood test results, phone records, or an accident report, could be used as well.
What Makes an Effective Attorney Against Union County DWI Charges?
An effective attorney against Union County DWI charges is well-versed in the laws and procedures surrounding DWI cases and can effectively advocate for their client’s rights and interests in court. Some specific qualities and skills that make an attorney effective against DWI charges include the following:
- Knowledge of DWI laws and procedures: An effective attorney will have a thorough understanding of the laws and procedures related to DWI cases in Union County, including the legal standards for determining intoxication, the rules for administering field sobriety tests and breathalyzer tests, and the potential penalties for a DWI conviction.
- Experience handling DWI cases: An attorney with significant experience handling DWI cases will be more likely to anticipate the prosecution's arguments and develop an effective defense strategy.
- Familiarity with local courts and judges: An attorney familiar with the local courts and judges in Union County will be better able to navigate the legal system and build a more compelling case for their client.
- Strong litigation skills: An effective attorney will have strong litigation skills, including the ability to conduct effective cross-examination, make persuasive arguments in court, and negotiate effectively with the prosecution.
- Access to experts: An attorney with access to experts in fields such as toxicology, accident reconstruction, and engineering can use their testimony to challenge the prosecution's evidence and build a more vigorous defense for their client.
DWI Cases FAQs:
Q: Can You Beat a DUI Case in NJ?
A: It is possible to beat a DUI case in New Jersey, but it will depend on the specific facts of the case and the skill of the attorney handling the defense. An experienced defense attorney may be able to challenge the prosecution’s evidence, such as the results of a breathalyzer test, or raise valid legal defenses, such as a violation of the accused’s constitutional rights. Additionally, an attorney may be able to negotiate a plea bargain or reduced charges.
Q: Is Drunk Driving a Felony in NJ?
A: In New Jersey, driving while intoxicated (DWI) is considered a criminal offense, but it is typically classified as a misdemeanor rather than a felony. However, if a person is convicted of a DWI and it is their third or subsequent offense, they may be charged with a fourth-degree felony. Additionally, if the DWI results in serious bodily injury or death, it may be classified as a more severe offense.
Q: What Is the Difference Between a DUI and a DWI in NJ?
A: In New Jersey, the terms “driving under the influence” (DUI) and “driving while intoxicated” (DWI) are often used interchangeably to refer to the criminal offense of operating a vehicle while under the influence of alcohol or drugs.
Q: Do I Need a Lawyer for a DWI in NJ?
A: Yes, it is highly recommended to hire an experienced defense attorney if you are facing a DWI charge in New Jersey. An experienced attorney will have a deep understanding of the law, as well as familiarity with the local court system and prosecutors. Having a skilled attorney on your side can increase the chances of obtaining a favorable outcome and minimize the penalties for a DWI conviction.
If you have been charged with DWI/DUI, contact an aggressive Union County criminal defense attorney at 718-878-3781. Begin your case with a consultation!
Contact the Law Offices of Robert Tsigler, PLLC, Today
If you or a loved one are facing DWI charges in Union County, New Jersey, contact the Law Offices of Robert Tsigler, PLLC, today. Our team of experienced criminal defense attorneys will work tirelessly to protect your rights and build a strong defense against the charges. Contact us for a consultation today.
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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 Union County DWI lawyer can successfully defend your case.
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