First Steps After a DUI Arrest in New Jersey

First Steps After a DUI Arrest in New Jersey

Getting arrested for drunk driving can be an incredibly stressful and confusing experience. As a New Jersey DUI defense attorney, I often meet with clients who aren’t sure what to expect after their arrest. This article will walk you through the typical next steps so you know what to anticipate.

The Arraignment

Within a few days of your DUI arrest, you’ll attend what’s called an “arraignment.” This is a short hearing where you’re formally charged and enter a “plea” of guilty or not guilty. Many attorneys waive arraignment so you don’t have to personally appear, but some judges still require it no matter what.

At arraignment, the charges against you are read and you (or your lawyer on your behalf) will enter a plea. Since most people haven’t hired a DUI attorney yet at this point, a “not guilty” plea is entered. This buys you time to work with a lawyer.

Getting a DUI Lawyer

If you don’t already have an attorney, the days after your arrest are critical for lining one up. An experienced DUI lawyer can start reviewing your case right away, analyzing any legal issues with your traffic stop or testing procedures.

Ideally you’ll want to have a lawyer for your first post-arraignment court date. This is called the “pre-trial conference”.

The Pre-Trial Conference

The pre-trial conference usually happens 3-4 weeks after your DUI arrest in New Jersey. By now, your attorney should have access to all police reports and materials related to your case – we call this “discovery.”

Your lawyer can review the reports for any problems or inconsistencies. Common DUI defenses deal with issues like no probable cause for the traffic stop, improper administration of breath testing, or mistakes in protocol by the officer.

The pre-trial conference involves your attorney, the prosecutor, and the judge meeting to discuss the case. Possible outcomes include:

• Your lawyer files motions to suppress evidence or dismiss the charges
• The prosecution makes a plea offer
• The case is scheduled for trial

Motions to Suppress Evidence or Dismiss Charges

If there are clear issues with how the traffic stop, investigation, or testing was conducted, your attorney will file legal motions asking the court to throw out evidence or dismiss the DUI entirely.

For example, a motion could argue there was no valid reason for pulling you over in the first place. Or the Breathalyzer machine wasn’t properly calibrated. If the judge agrees, this can weaken the prosecutor’s case or cause charges to be dropped.

Plea Offers

Prosecutors often make plea bargain offers early in a DUI case. This involves pleading guilty in return for reduced penalties like smaller fines, shorter license suspension, or no jail time.

Whether to accept a plea deal is an important decision to make with your lawyer. An experienced attorney knows how to assess the strength of the state’s evidence and can advise if going to trial is worthwhile.

Scheduling Trial

If no plea bargain is reached and your lawyer’s motions are unsuccessful, the next step is taking the case to trial. Only a small percentage of DUI arrests actually go to trial, but it remains an option.

Your attorney will handle filing various pre-trial motions, obtaining experts like toxicologists, as well as vigorously defending you before a judge or jury.

Common Questions at This Stage

If you’ve recently been arrested for DUI in New Jersey, you probably still have plenty of unanswered questions about what lies ahead. Here are some I often hear from clients:

Will my license be suspended?

For a first offense DUI in NJ, your license is only confiscated at the time of your arrest. The officer takes your license and issues a temporary 7-day permit. Your attorney can often get this extended until the case resolves.

A conviction on DUI charges will result in a 3-month to 1-year license suspension. With an experienced lawyer fighting your case, there’s a good chance we can avoid a suspension entirely or greatly reduce the length.

Do I need to attend alcohol classes?

Anyone convicted of a DUI in New Jersey must complete the state’s Intoxicated Driver Resource Center (IDRC) program. This involves 12-48 hours of alcohol education classes.

By working aggressively to fight or beat your charges, we may be able to avoid this requirement. But if you do ultimately have to attend IDRC classes, think of it as an opportunity to learn more about the risks of drinking and driving.

How much will this impact my auto insurance?

Unfortunately, a DUI conviction significantly hikes your car insurance rates. In New Jersey, you’ll pay an extra $1,000 per year for 3 years to the state’s Unsatisfied Judgment Fund. Plus, your insurance provider is likely to increase premiums as well.

The exact rate hikes depend on the insurer and your policy limits. But in my experience, drivers can expect to pay an extra $2,500 per year for car insurance after a first offense DUI. The costs increase more for additional offenses.

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Dealing with New Jersey DUI charges is extremely difficult. But an experienced DUI defense lawyer can help make the process smoother and work to achieve the best possible outcome in your case.

If you or a loved one are facing drunk driving charges, contact my firm today for a free consultation. I have over 20 years successfully defending clients against DUI allegations – let me review your case at no cost and discuss your options moving forward.