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Frequently Asked Questions On DWI/DUI In New Jersey

If facing a DWI or DUI charge in Freehold, New Jersey, you likely have questions about the process and your rights. Below are some frequently asked questions and answers that may help clarify your situation:

Can I refuse a field sobriety test or breathalyzer when asked by the police?

In New Jersey, you cannot legally refuse a breathalyzer test if pulled over on suspicion of driving while intoxicated. By driving, you have given your consent to chemical testing under the state’s implied consent law. While you may refuse to participate in field sobriety tests, doing so may lead to further suspicion and complications in your case.

If I intend to plead guilty, why do I need a lawyer?

Even if you plan to plead guilty, having a lawyer can improve your circumstances. A defense lawyer can help negotiate plea deals that may result in reduced penalties and help make sure your rights are protected throughout the process.

What are the potential penalties for a DUI conviction in New Jersey?

Penalties in New Jersey can vary based on your blood alcohol concentration (BAC) and whether you have prior offenses. A first offense may result in fines ranging from $250 to $400, a license suspension for three months and potential jail time of up to 30 days. Subsequent offenses carry harsher penalties, including increased fines, longer license suspensions and mandatory jail time.

What happens if I get a DUI and I have a commercial driver’s license?

If you have a commercial driver’s license (CDL) and are convicted of a DUI, you face more severe penalties. A first offense can result in losing your CDL for one year, and subsequent offenses can lead to a lifetime disqualification. This can greatly affect your employment opportunities in driving-related fields.

Is jail mandatory if you are convicted of a DUI?

Jail time is not mandatory for a first DUI conviction in New Jersey, but judges may impose jail time based on the specifics of your case. For second offenses, a minimum jail term of 48 hours to 90 days may apply, and penalties, including jail time, may increase further for third and subsequent offenses.

Get In Touch

If you have more questions or need guidance tailored to your situation, get in touch with Lomurro Munson LLC today. Call our Freehold office at Call or send us an email for a consultation.