Port Elizabeth DUI Defense Attorneys
Have you been arrested, accused, or charged with a DUI in Port Elizabeth? An expert DUI defense attorney can spell the difference between your freedom and serious legal consequences.
For the best DUI defense, call New Jersey Criminal Defense Lawyers!
We will provide you with a well-crafted DUI defense which is based on evidence and facts that we have collected and analyzed.
If you are involved DUI, including alcohol and drug-related offenses, the dedicated Port Elizabeth DUI defense lawyers at New Jersey Criminal Defense Lawyers are prepared to work hard for you!
Call New Jersey Criminal Defense Lawyers at (609) 318-6465 for a Free Consultation!
What To Do if I’m Pulled Over For a DUI
You have been having a good time when all of a sudden you are in a car accident.
Here is some advice when dealing with police officers if you have had some alcohol in your system.
Be Respectful: Maintain proper decorum and avoid disrespecting the officer of the law.
Use Your 5th Amendment Right: You not required to speak to an officer, so say ABSOLUTELY nothing. Anything that you say can and will be used against you as evidence.
Do Not Perform the Field Sobriety Tests: Respectfully decline to perform field sobriety tests. The results of the test will only hurt your case. Some law enforcement officers may trick you into performing the test.
Do Not Give Consent to a Search of Your Vehicle: Respectfully decline for a search of your vehicle. Police officers are required to obtain a search warrant. Moreover, do not divulge any information in case you are carrying any weapon, even if you have a license to carry. You may still be arrested if you follow these steps. However, you have already started protecting your self which allows our criminal lawyer in Port Elizabeth to protect you further.
What is a DUI First Offense?
A DUI in Port Elizabeth refers to a situation when a person is driving or in actual physical control of a vehicle on the influence of alcohol or drugs. When you are arrested for this and has no prior convictions for DUI, then you are charged with DUI First Offense. This offense is a misdemeanor in Port Elizabeth. Also, it does not go on your criminal record. If you are currently under probation for another crime, this will be a probation violation, which will result in further charges or even jail time. There are 3 tiers of First Offense DUI and corresponding penalties, depending on the level of intoxication.
What Penalties Apply to a DUI First Offense?
Someone sentenced with a DUI First Offense in Port Elizabeth is subject to the following penalties:
1st Tier (.08-.10)
Jail: You may be forced to serve up to 30 days in jail at the discretion of the court.
Fines: A person must pay a fine of $250-400, with an automobile surcharge of $1,000 for 3 years.
Classes: Must complete 12 hours of classes at the intoxicated driver resource center.
Driver’s License Revocation: The Port Elizabeth Department of Motor Vehicles may rescind the driver’s license for 90 days.
2nd Tier (.10+ or Controlled Substance)
Jail: You may be forced to serve jail time at the discretion of the court.
Fines: A person must pay a fine of $300-500, with an automobile surcharge of $1,000 for 3 years.
Classes: Must complete 12-48 hours of classes at the intoxicated driver resource center.
Driver’s License Revocation: The Port Elizabeth Department of Motor Vehicles may rescind the driver’s license for 7 months-1 year.
A person is subject to be evaluated for alcohol addiction if his Blood Alcohol Content is 0.18 or higher. Further penalties such as Breath Interlock Device and counseling courses may be incurred.
Breath Interlock Device: This device will be installed in the person’s vehicle for at least 90 days. The judge may order to have it installed for up to a year if the accused is convicted.
These penalties may be applied on top of traffic tickets, fines, or sentences for other violations including crimes such as drug possession at the time of the DUI. The criminal defense firm of New Jersey Criminal Defense Lawyers, will negotiate to reduce penalties or even get your charge dismissed.
What Penalties Apply To A Second DUI Offense?
Most of the penalties for a second DUI offense are similar for a first offense, albeit increase. However, there are differences:
Jail: The minimum jail time will be increased from two days to a minimum of ten days for a second Offense DUI.
Fines: The fines can be as much as $500-1,000, with an automobile surcharge of $1,000 for 3 years.
Driver’s License Suspension: The Port Elizabeth Department of Motor Vehicles will suspend the driver’s license for two years. Also, the period of suspension doesn’t begin until the driver has completed any jail time included in the sentence.
Community Service: If convicted of a second Offense DUI a person would have to perform 30 days of community service.
Additional Penalties: People with DUI Second Offenses must undergo addiction evaluation, which may involve additional penalties, like Breath Interlock Device, and further counseling. Different penalties apply if you were driving under the influence in a school zone. Depending on the timing of your offenses, leniency may be held to reduce penalties.
An experienced criminal DUI defense attorney in Port Elizabeth will aggressively fight the criminal justice system to negotiate reduced criminal charges whenever possible. At New Jersey Criminal Defense Lawyers, we are the best criminal attorneys Port Elizabeth has to offer, and we are ready to tackle your case.
DUI Leading to Injury Or Death
Drunk driving involving personal injury or wrongful death is traumatic. The penalties for cases that causes injury or death are severe. It is important to have the assistance of expert DUI attorneys who can provide guidance.
The penalties for a person convicted of DUI involving severe injury or death are very serious. It will depend heavily on the circumstances of the incident. Each case is different, and it carries a unique set of facts that need investigation. These can make the difference between conviction and your freedom.
Penalties For DUI Causing Injury Or Death
The penalties for a person who has a conviction may suffer penalties including:
Prison time: Prison time for LIFE with a possibility of parole after ten years. Or a term of 25 years with the eligibility of parole after ten years. The court cannot grant probation.
Special Conditions: The person must also attend the Victim Impact Panel, and have a Breath Interlock Device installed on vehicle/s the person owns or operates for 12-36 months.
Suspension of Driver’s License: The driver’s license will be suspended or revoked for three years.
The conviction will depend on the circumstances surrounding the incident. It is essential that if accused, you hire an expert and experienced DUI attorney to protect your rights and liberty.
Breath and Blood Tests
When you are charged in Port Elizabeth, you are legally given a choice of a Breath or Blood Test in the police station. These test can be taken at the scene. However, the results are subject to the officer’s “pass” or “fail.”
The Port Elizabeth and Federal law state that you much provide explicit consent to be tested. If you refuse to test, the police officer must procure a search warrant to proceed. The officer can’t force you to take the tests. And if he does, the results will not be permissible as evidence.
Each test has its advantages and disadvantages, and it is up to you which test you take.
Breath: Most common method. The margin of error on breath analysis/ testing is (.10). The test is non-invasive.
If the officer did not follow the breath test checklist or did not pay attention during the 20-minute observation period, it will render the test inaccurate or inadmissible. The same thing will happen if you burp or vomit before testing or some other medical issues, etc.
Blood: Secondary testing method. A blood test is more accurate, with a lower margin of error (.05). It will involve the officer observing a registered nurse or phlebotomist drawing two vials of blood from your arm.
A chain of various evidence, incorrect blood withdrawal, issues with the testing machine, medical and pharmaceutical issues, and disputes to the search warrant will result in inadmissible test results.
If you need an aggressive DUI defense lawyer in Port Elizabeth, reach out to New Jersey Criminal Defense Lawyers today!
What is a DUI Drug Offense?
In Port Elizabeth, you can be sentenced with a DUI offense if you are believed to be under the influence of illegal drugs. Police officers will perform a Field Sobriety Test to determine what substances and levels you have in your system.
If these drugs are tested to be in your system, you can be charged with DUI Drug Offense:
(b) Cocaine and Cocaine Metabolite
(c) Heroin and Heroin metabolite
(2) 6-monoacetyl morphine
(d) Lysergic acid diethylamide
(e) Marijuana and Marijuana metabolite
In some cases, you can be sentenced with DUI while taking your prescribed medicine. In this situation, the prosecution will have to prove that the drugs were taken beyond the therapeutic level and resulted in unsafe operation of a vehicle.
The penalties for a DUI Drug Offense are similar to DUI Alcohol. A person may be required to attend drug counseling courses. You may have other charges associated with your DUI, including drug trafficking, possession with intent to sell, or possession of drug paraphernalia.
Here at New Jersey Criminal Defense Lawyers, we are committed to supporting you to achieve the best results possible for your case.
You Don’t Have to Be High To Get A DUI
Port Elizabeth does not allow recreational use of marijuana or any other dangerous or controlled drugs.
You can be arrested and legally convicted of a DUI, in Port Elizabeth and the surrounding areas, for driving with marijuana in your system. This can occur even if you didn’t consume marijuana at all that day! That means you don’t have to be high to get a DUI in NJ.
Even the smallest trace of marijuana can remain in a person’s blood for up to 30 days or more, meaning you don’t have to currently be under the influence when driving to be convicted of a DUI in Port Elizabeth.
Remember, the officer would need probable cause to believe that you are under the influence and operating a vehicle. Officers use your driving behavior, how you speak to them, and other factors in determining probable cause. An admission will definitely be used against you.
How do you protect yourself?
First, avoid driving after using any type of illicit drug, alcohol, or any other substance which may impair your ability to operate a vehicle effectively. Second, follow the traffic rules. Third, if you are pulled over, do not admit to regular marijuana use. Use your 5th Amendment right. Fourth, never transport even your personal supply in your vehicle, as you can be subject to increased or additional charges if found to have illegal drugs in your vehicle during a traffic offense.
Most importantly, if you are charged with a Marijuana related DUI, call New Jersey Criminal Defense Lawyers at (609) 318-6465 immediately!
Port Elizabeth Criminal Defense Attorneys
New Jersey Criminal Defense Lawyers is your comprehensive Port Elizabeth criminal defense law firm which can provide you with legal support. With years of proven results, satisfied clients, and unwavering dedication, there is no better option for you. Do not trust the half-priced lawyers you see on billboards – go with our Super Lawyers for the Best Defense!
DUI charges, violent crime charges, juvenile crimes, white collar crimes, theft, and other felony charges are no big tasks for the Port Elizabeth criminal defense lawyers at New Jersey Criminal Defense Lawyers. Our experience, drive, and commitment will get the best possible results for you. Call us today to get your life back on track.
Let’s Talk Now- Free Consultation
Our lifetime of dedicated service to protecting your rights in Port Elizabeth ensures that the experts at New Jersey Criminal Defense Lawyers will achieve the best results for you. Our DUI defense attorneys are ready to your life as quickly as possible.
For the best defense, call New Jersey Criminal Defense Lawyers!
Call New Jersey Criminal Defense Lawyers today at (609) 318-6465 for your Free Consultation!