Carteret DWI

Getting pulled over for a DWI in Carteret can be scary. What do you do next? Here’s a quick guide to understanding DWI charges in Carteret, NJ.

What is DWI?

DWI stands for “driving while intoxicated.” New Jersey law says it’s illegal to operate a motor vehicle if your blood alcohol concentration (BAC) is 0.08% or more. For drivers under 21, any detectable amount of alcohol is grounds for a DWI.

DWI charges are serious business. First offense DWIs in NJ carry fines up to $500, license suspension of 3 months, and possible jail time up to 30 days. Subsequent offenses jack up the penalties – longer license suspension, ignition interlock device required, and more jail time. Yikes!

How Do Cops Determine If You’re Drunk?

If a cop pulls you over and suspects you’re under the influence, they’ll administer roadside tests like:

• Walk and turn
• One leg stand
• Horizontal gaze nystagmus

These evaluate balance and motor skills. If you fail, they may ask you to blow into a breathalyzer to measure your BAC. Refusing a breath test leads to automatic license suspension – so don’t do it!

Cops can also request blood and urine samples after an arrest. Make sure to speak with a lawyer before consenting to anything.

What If The Tests Are Wrong?

Field sobriety and breath tests aren’t always accurate. Conditions like asthma or injuries can impact results. Breathalyzers have a margin of error too.

A DWI defense attorney can dispute unreliable test results in court. They may request re-testing of blood samples or bring in experts to challenge the results.

For example, in State v. Chun, the NJ Supreme Court ruled breathalyzer results are inadmissible without proof the machine was calibrated properly. Phew!

Should I Refuse A Breath Test?

Refusing a breath test leads to automatic driver’s license suspension of 7-12 months. Plus, it allows the prosecutor to mention your refusal at trial as evidence of guilt. Not good!

However, blowing over the limit also leads to a DWI charge. Talk to your lawyer about the best strategy here. An experienced attorney can often get breath test refusals or failures suppressed in court.

What Are The Defenses For DWI In NJ?

Here are some common defenses a lawyer may use to fight DWI charges in Carteret:

You weren’t actually driving – If you were sleeping in a parked car or sitting in the backseat, you can’t be charged with DWI. The prosecutor must prove you were operating the vehicle.

Medication side effects – Some prescription meds like sleep aids can mimic signs of intoxication. A toxicology report can show you weren’t under the influence of alcohol.

Illegal traffic stop – If the officer lacked reasonable suspicion to pull you over, evidence from the invalid stop may be excluded.

Rising BAC defense – Your BAC may have been lower while driving than when tested. A defense attorney can argue it was below the legal limit at the time of driving.

How Much Are DWI Fines In Carteret?

For first DWI offenses, expect fines and costs around $500 minimum in Carteret. Fines increase dramatically for subsequent offenses:

• 2nd Offense: $500 – $1,000
• 3rd Offense: $1,000 – $2,000

The municipal court judge has discretion in setting fines based on the details of each case. Additional penalties like license suspension, jail time, and ignition interlock will jack up the costs too.

Should I Get A Public Defender For DWI?

Public defenders are free attorneys appointed for defendants who can’t afford private counsel. But they juggle heavy caseloads.

A paid DWI attorney focuses just on drunk driving defense. They have more time to build a strong case by analyzing evidence, hiring experts, and negotiating with prosecutors.

So if you can swing it, hire your own Carteret DWI lawyer for the best shot at an acquittal or charge reduction. Shop around to find one with a successful track record defending DWIs.

What Happens At First Court Appearance?

At your first municipal court appearance, you’ll be formally charged and enter a plea of guilty or not guilty. The judge sets bail and may impose temporary license suspension.

If you plead not guilty, your lawyer will request evidence from the prosecution through “discovery.” This gives them time to analyze the prosecutor’s case and build a defense strategy.

The judge selects a trial date, often 2-3 months later. Your attorney can negotiate plea deals with the prosecutor before then.

Should I Accept A Plea Bargain?

Many DWI cases end in plea bargains to avoid trial. The prosecutor may offer a deal like:

• Plead to reckless driving rather than DWI
• Lower fines & license suspension
• No jail time

An experienced attorney can get you the best deal possible. But beware – plea bargains still show up on your criminal record. Consider trial if you have a strong defense.

Don’t rush into any plea without discussing options with your lawyer first. Negotiations often continue up until the trial date.

Takeaways

Being arrested for DWI can be overwhelming. But an experienced Carteret DWI attorney can guide you through the process and build a strong defense.

Know your rights, don’t consent to anything without legal advice, and be proactive about fighting the charges. The stakes are high, but a good lawyer evens the odds. With their help, you can move past this bump in the road.