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DWI vs. DUI in New Jersey

In New Jersey, driving while intoxicated (DWI) and driving under the influence (DUI) are essentially the same. Impaired driving offenses are all DWIs in our state. Even though DWI is the official legal term here, DUI is a popular equivalent.

If you’re facing a DWI charge in New Jersey, you need an experienced legal team that fully understands the relevant state laws. At the Law Office of Jason A. Volet, our criminal defense team has a proven track record of successfully representing clients facing all types of charges, including DWI and DUI offenses. We’re here to guide you through the criminal justice system, protect your rights, and fight for the best possible outcome in your case.

The stakes are high, so don’t face these charges alone. Get help from a New Jersey DWI lawyer. Together, we’ll craft a solid defense strategy tailored to your situation. Contact us today for a free, confidential consultation to discuss your situation and take the first step toward protecting your future.

What Is the BAC Limit for a DWI Charge in NJ?

The blood alcohol content (BAC) limit for a DWI charge in New Jersey is 0.08 percent or higher. If a person operates a motor vehicle with a BAC of 0.08 percent or greater in New Jersey, they can be found guilty of drunk driving. Exceeding this limit could have serious legal consequences, including the possibility of a DWI conviction. However, this limit only applies to drivers who are 21 or older.

What If the Driver Is Under 21 Years of Age?

Drivers under 21 have stricter BAC limits per New Jersey law. Drivers under the legal drinking age of 21 can face legal consequences if they test positive for a BAC of 0.01 percent or higher. Even a minimal amount of alcohol in an underage driver’s system could result in penalties such as fines, suspension of driving privileges, and mandatory community service.

How Are DWI Charges Proven in New Jersey?

Several key factors come into play when it comes to proving DWI charges in New Jersey. The prosecution typically relies on a combination of evidence and testimonies to establish its case, such as:

  • BAC test results – Blood alcohol concentration (BAC) tests play a key role in many DWI cases. If test results show your BAC level is 0.08 percent or higher, they could serve as evidence of impairment. Breathalyzers and blood tests are common test types for measuring BAC levels.
  • Field sobriety tests – Law enforcement officers often administer field sobriety tests to assess drivers’ coordination, balance, and cognitive abilities if they suspect impairment. Field sobriety tests like the walk-and-turn or one-leg stand are subjective and rely on officers’ observations. Challenging the reliability and accuracy of these tests can be an effective defense strategy.
  • Law enforcement testimony – Testimony from arresting officers and other law enforcement personnel involved in your case could significantly affect the outcome. Prosecutors could present their observations of your behavior, appearance, and performance during the traffic stop to establish impairment.

Narcotic pills spilled in the table.

How Are Drug Impairment Charges Proven In New Jersey?

Proving drug impairment in DUI cases is more challenging than proving alcohol impairment for several reasons. There are many different types of drugs, each with diverse effects and few or no standardized testing methods. Drugs also remain in the body for varying durations that differ from person to person. And with no universal thresholds for drug impairment, establishing clear-cut intoxication levels is tricky.

Here are some types of evidence prosecutors commonly use to prove drug intoxication in DWI cases:

  • Law enforcement testimony – Because testing for drugs is more difficult on the scene, testimony from law enforcement officers plays an even larger role in DUI cases. Their observations, including signs of impairment or drug use, are used as evidence. Carefully examining this testimony for inconsistencies or procedural errors could be instrumental to your defense.
  • Drug recognition experts – In drugged driving cases, prosecutors might call drug recognition experts (DREs) to evaluate suspected impaired drivers. DREs assess the presence and effects of drugs through standardized evaluation processes, which include physical examinations and interviews. Defense attorneys can challenge the qualifications and methodologies of DREs to question the validity of their conclusions.
  • Blood or urine tests – Law enforcement might request blood or urine tests to determine the presence of drugs in your system. These tests are conducted by medical professionals and are subject to specific protocols. Proper handling, transportation, and analysis of these samples are critical. Any deviations from the established procedures can be grounds for challenging the validity of the results.

Are the Penalties for DWI and DUI Offenses Different?

In New Jersey, the terms DWI and DUI are used interchangeably to refer to the same offense with the same penalties. If convicted of a DWI in New Jersey, individuals could face consequences such as:

  • License suspension
  • Fines
  • Jail time
  • Mandatory participation in alcohol education or treatment programs
  • Community service
  • Ignition interlock device (IID) requirements

It is important to consult a qualified attorney to understand the specific penalties that could apply to your case based on your unique circumstances and record.

Can Additional Charges Be Included in a DWI/DUI Offense?

Additional charges can be included in a DWI offense in New Jersey. Some common additional charges related to DWIs in New Jersey include the following:

The penalties for these charges can vary depending on your specific circumstances. If you incur additional charges alongside a DWI in New Jersey, you should immediately seek guidance from a knowledgeable DWI attorney. They can provide the guidance you need and establish a comprehensive, personalized defense strategy on your behalf.

Contact a New Jersey DWI/DUI Defense Lawyer

If you’re facing a DWI or DUI charge in New Jersey, time is of the essence. Don’t delay. Contact the Law Office of Jason A. Volet now for a free and confidential consultation with a New Jersey DWI lawyer.

Visit Our DWI/DUI Defense Law Offices

4 Common Questions You May Have About Your Miranda Rights

When a person is arrested, the police are supposed to read them their rights as a person facing criminal allegations. This reading, sometimes known as a Miranda warning or a reading of the Miranda rights, is a basic part of most arrests and is required in many cases. However, not all arrests require the reading of these rights at the time of arrest.

If you have been arrested and are facing criminal charges, it is important that you obtain vigorously committed legal representation in your case. For a free consultation regarding your case, contact the New Jersey criminal lawyers of the Law Office of Jason A. Volet at (732) 863-5050.

Do the Police Have to Read the Miranda Rights Every Time?

It is not required that police officers always read a person their Miranda rights if they want to question them. In some cases, officers may stop someone on the street or take them to the police station and ask them about a crime without reading these individuals their Miranda rights. This is typically acceptable because these individuals are not in police custody at the time of questioning.

What Are the Miranda Rights?

Miranda rights are a set of warnings issued to a person being questioned by the police which are intended to prevent them from self-incrimination. These rights insulate a person against unfair interrogation or being forced by the police to make a false statement. They include the right to remain silent, the right to seek a legal advisor, and the right to stop speaking to a police officer at any point during an interrogation.

Contact New Jersey criminal defense attorney Jason Volet today for a free consultation.What Happens if These Rights Are Not Read?

If an officer is supposed to read these rights, but fails to do so, the information obtained through subsequent questioning cannot be used in court. This includes any confessions that may have been issued.

What are My Rights If I Am Arrested in New Jersey?

When you are arrested for a crime, you are still entitled to certain inalienable rights under the law. The police cannot take these rights from you, and if they do violate them by making a wrongful arrest or neglecting proper procedure, the charges against you may be dropped.

Under the U.S. Constitution, you have the following rights:

  • The right to remain silent and not incriminate yourself.
  • The right to hire a lawyer or have one provided for you by the state.
  • The right to a fair trial before your peers.
  • Protection against improper search and seizure.

Contact a New Jersey Criminal Defense Lawyer

If you were arrested, taken into police custody, and questioned, you should have received a reading of your rights. If the police failed to do this, a skilled and experienced criminal attorney may be able to have related evidence excluded from consideration of your case.

An experienced New Jersey criminal defense lawyer can help to explain your rights and your options during questioning, your hearing, and your trial. To speak with an attorney about your criminal charges and organizing your legal defense, contact the Law Office of Jason A. Volet at (732) 863-5050.

 

How Can a Criminal Defense Lawyer Help Me?

With a multitude of internet resources and books available regarding how the law works, many people believe that they are capable of handling their own defense if charged with a crime. However, even minor criminal convictions can have significantly greater effects than a person may first realize. Additionally, criminal defense cases can prove complicated in some cases, virtually requiring professional legal help.

When you are arrested for a crime, the prosecution will likely take an aggressive stance to try to convict you as quickly and as severely as possible. You need an experienced New Jersey criminal lawyer who understands your rights and criminal charges and can fight back in your defense. A criminal attorney can help you through all steps of your criminal case, from advising you during police questioning to gathering evidence and testimony in your defense.

How Can a Criminal Defense Lawyer Help Me?

Attorneys can provide invaluable services during a person’s criminal defense case. Some defendants may not see the point in hiring an attorney, however. This is especially the case if they intend on pleading guilty or don’t believe that the penalties are serious enough to warrant a legal advisor’s help. However, a lawyer can provide the following important services:

  • Work through important legal procedures and paperwork.
  • Prepare a strong legal defense against a criminal charge.
  • Take some of the burden of dealing with legal problems.
  • Provide advice when difficult decisions arise.

Even seemingly minor criminal charges can have long-term consequences for a person, making his or her criminal defense case all the more important.

If you’re facing criminal charges and are thinking about representing yourself in court, you may want to at least speak with an attorney first to learn more about your options. For a confidential consultation, contact me today. Once I have learned about your case I can explain the options available.

Having a knowledgeable, competent lawyer on your side during your criminal trial can make all the difference in your case. Our New Jersey criminal defense attorneys understand the ins and outs of the criminal system and will work aggressively to pursue a favorable resolution for your case.

What to Look for in a Criminal Defense Attorney

When a person is facing prosecution for criminal charges, they may want to find a legal defender who can provide a strong defense for their rights. The criminal defense process can be particularly complex at times, making it all the more important for a legal defender to have a strong understanding of the law and how to use it to defend a client. With this in mind, it’s important for a person facing criminal accusations to find a worthwhile attorney.

There are thousands of criminal defense attorneys in the state of New Jersey, making the choice of picking a single representative more difficult. However, there are some important indicators that a person may want to look for when searching for legal help. These things include:

These important pieces of information can help a person get a clearer picture of who an attorney is and how capable they are of successfully working with clients.

Who is the Best New Jersey Criminal Defense Lawyer for Your Case?

When searching for the best New Jersey criminal defense lawyer for a case, people often turn to the Internet to look for search rankings or some other type of objective criteria, such as a list. As with all professions, there is not a single objective measure of what constitutes the “best.” There are, however, certain criteria that may be important for you or your case, such as the following:

Certification by the Supreme Court of New Jersey as a Criminal Trial Attorney

In New Jersey, experienced criminal trial lawyers can apply to be certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. To learn more about New Jersey criminal trial attorney certification, please read the articles on this site. Certification requires meeting a number of standards, including recognition by other attorneys. I am one of a limited number of attorneys in New Jersey who have been certified by the Supreme Court of New Jersey as a Criminal Trial Attorney.

Litigation and Trial Experience

Another aspect to consider in choosing a criminal defense lawyer is the amount of experience that the lawyer has. I have been an attorney focused on criminal law matters for more than 15 years, and have worked on more than 2000 cases, starting as a former Assistant Prosecutor in Monmouth County. Having formerly served as a prosecutor, I know what it’s like to practice criminal law as both a prosecutor and defense attorney.

Trust and Dedication

Criminal matters are serious. If you’ve been charged with a crime, you need an attorney not only whom you can trust, but one who will work tirelessly in seeking to achieve for you the best outcome possible given the facts and circumstances of your case.

I and my firm have the experience, dedication, and trust that are often highly sought after in searches for a criminal defense attorney. We provide all of our clients with tenacious representation and full attention to their matter.

If you need a criminal defense lawyer, we would look forward to meeting with you and learning about the events pertaining to your charge, whereupon we can explain how we can help if we are retained. Please call our firm to schedule an appointment at your convenience.

Never Try to Represent Yourself Against a Serious Criminal Charge in Criminal Defense Case

In the legal world, there is a saying that “A lawyer who represents himself has a fool for a client.” This adage recognizes that even lawyers should retain legal counsel in serious legal matters rather than representing themselves.

If a lawyer, who has the legal education and perhaps many years of legal practice, should retain another lawyer instead of representing himself or herself, so too should non-lawyers retain a lawyer for a legal matter.

In criminal matters, the law is complicated and prosecutors work hard in seeking to convict. They want their conviction rate to be high so that their record looks good. Their job is not to care about how a legal conviction may affect the life or family of a person charged with a crime.

An experienced criminal defense attorney often will have years of practical experience and be in a much better position to advocate strongly and develop solid legal strategy than a person who has no training in the law.

Experienced criminal lawyers know how to spot evidence that may be inadmissible, and how to move to seek that such evidence is never introduced at trial. In the case where the prosecution’s main evidence is likely to be inadmissible, a criminal attorney may remind the prosecutor of the prosecutor’s legal duty to dismiss a case if there is not credible and admissible evidence upon which a conviction may be obtained. Experienced criminal lawyers thus not only focus on winning a case at trial, but also on strategies to have cases dismissed or charges reduced wherever possible prior to trial.

When charged with a crime, you should never try to go it alone.

The stakes are usually too high. If you’ve been charged with a crime, please call our office to schedule an appointment to learn how we may be able to help.

This informational blog post was brought to you by Jason A. Volet, an experienced New Jersey Criminal Defense Lawyer.

Plea Bargaining My Charge in New Jersey

I’m often asked by a potential client who’s sitting in my office: “Do I have the ability to resolve or plea bargain down my case? I have a number of charges here.” Maybe there’s two or three or five or eight, and generally, in my experience, having been both a former assistant Monmouth County Prosecutor as well as now being only a defense attorney, that most prosecutors are willing to listen to whatever evidence that we provide them as well as anything personal about you that would be helpful to our side of the case, and I’ve also found in my experience that the majority of them are willing to try to resolve that case short of a trial to some sort of resolution that would be both beneficial to you as the person charged and would also satisfy the prosecutor’s office or any victim that was involved.

This blog was provided by Jason Volet, an experienced New Jersey Criminal Defense Attorney.

How Do Criminal Cases Typically Proceed?

The basic process of a criminal case begins with a defendant being arrested and charged with committing a crime. The government is responsible for proving that there is irrefutable reason to believe that the defendant committed the crime. The following process then takes place:

  • Bail hearing – The defendant appears at a hearing and the presiding judge will decide if the defendant will be let out on bail or kept in custody.
  • Probable cause hearing – The judge will decide if there is enough evidence to support charging the defendant with the crime.
  • Arraignment – This is where the defendant enters the plea, such as guilty, not guilty, or guilty but mentally unstable.
  • Trial – If the defendant pleads not guilty, the criminal trial is often the next step.
  • Acquittal or sentencing – The defendant is acquitted of the crime if found innocent or is sentenced to various penalties if found guilty.

If you are currently facing a criminal case, it is important to consult with a knowledgeable defense lawyer. Contact the experienced New Jersey criminal defense attorneys at the Law Office of Jason A. Volet at 732-503-8968.

This informational blog post was brought to you by Jason A. Volet, an experienced New Jersey Criminal Defense Lawyer.

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