How to Get Back on Track After a DUI in New Jersey

How to Get Back on Track After a DUI in New Jersey

Getting arrested for driving under the influence (DUI) can be a scary, overwhelming experience. But with the right legal help and personal commitment, you can get your life back on track. This article provides tips and resources to help you move forward after a DUI in New Jersey.

Understanding the Charges

In New Jersey, a DUI charge involves operating a motor vehicle while impaired by alcohol or drugs. The state has one of the lowest blood alcohol concentration (BAC) limits at 0.08% for drivers 21 and older. You can face DUI charges even if your BAC is below the limit but you fail field sobriety tests. Refusing a breathalyzer test leads to automatic license suspension along with separate refusal charges.

A first DUI offense in New Jersey is typically a traffic violation, not a criminal charge. But it still carries severe penalties like license suspension, ignition interlock device requirement, fines up to $500, and up to 30 days in jail. Subsequent offenses within a 10-year period incur criminal charges, larger fines, and longer jail time.

You may also face related charges like reckless driving if you caused an accident. And if you had a minor in the vehicle, you’ll face child endangerment charges too. Understanding exactly what you’re charged with is critical for mounting an effective defense.

Finding the Right DUI Lawyer

Don’t go it alone against DUI charges in New Jersey’s complex legal system. Hire an experienced DUI attorney who knows how to defend these cases. Look for lawyers with a proven track record of getting charges reduced or dismissed pretrial. Understand the lawyer’s fees upfront and any payment plan options.

Ask about the lawyer’s experience arguing DUI cases in your specific court jurisdiction. Local knowledge and relationships often lead to better outcomes. Also look for DUI specialization, National College for DUI Defense (NCDD) certification, and membership in the National Association of Criminal Defense Lawyers (NACDL).

Fighting the Charges with Your Lawyer

An experienced DUI lawyer knows which defenses may get your charges dismissed pretrial or penalties reduced. Common defenses include:

• Invalid traffic stop – Officers need reasonable suspicion to pull you over. If that’s lacking, evidence from the invalid stop may be suppressed.
• Faulty breathalyzer – These machines can have errors. Your lawyer can challenge the results if flaws in the device, its maintenance, or the testing process exist.
• Rising BAC – Your BAC may have been below the limit when driving but rose later before testing. A lawyer can argue this through expert testimony and extrapolation analysis.
• Medical conditions – Certain conditions like diabetes or acid reflux can mimic alcohol impairment during field sobriety tests.
• Prescription drugs – Some prescribed medications also cause failed sobriety tests. A lawyer can argue you took them as directed, not for impairment.

Your lawyer may also negotiate plea bargains like reducing charges to reckless driving or conditional discharge programs for first offenses. This avoids license suspension and other penalties while charges are eventually dismissed after completing program conditions.

Dealing with DUI Penalties

If convicted of a DUI or related charges, you’ll face penalties beyond court fines and fees. The most severe is license suspension – first offenses lose licenses for 3 months; subsequent offenses for 1-2 years. Instead of fully suspending your license, the court may order an ignition interlock device (IID) be installed in your vehicle for 6 months to 1 year.

You’ll also have to complete DUI school and counseling programs as required by the court. And your auto insurance rates will increase significantly due to the DUI for 3 to 5 years.

Getting Your License Back

To regain your driving privileges after a DUI suspension, you must:

• Wait out the suspension period – Never drive during this time, even with an occupational license. Additional charges will extend your suspension.
• Pay restoration fees – Fees start at $100 and increase for subsequent offenses. Make sure any past traffic fines are also paid.
• Provide proof of insurance – Submit a valid insurance ID card. Maintaining continuous coverage is required.
• Pass written exam – Take and pass the NJ written drivers test again.
• Complete DUI programs – Show certificates of completion for court-ordered programs.
• Get evaluated – If alcohol related, have a substance abuse evaluation and follow recommended treatment.
• Install ignition interlock – Have the mandated IID installed if required and follow the calibration schedule.

Completing these steps allows the NJ Motor Vehicle Commission to reinstate your license once the suspension period ends.

Moving Forward Personally

Beyond the legal process, take personal steps to recover from a DUI long-term:

• Seek counseling – Therapy can help process feelings of guilt/shame and develop coping strategies.
• Attend support groups – Joining a group like AA or SMART Recovery provides community and accountability.
• Limit alcohol – If alcohol factored in your DUI, commit to moderation or abstinence.
• Make amends – Apologize to loved ones hurt by the experience and rebuild trust.
• Repair relationships – Focus on family and positive friendships for support.
• Volunteer – Contribute positively to your community through service.
• Practice self-care – Exercise, eat healthy, get enough sleep, and find stress relief.

A DUI arrest doesn’t define you. But use it as motivation to improve yourself and your life. With the right legal help and personal changes, you can recover and move forward.