Chances are you are reading this because you or a member of your family has been arrested in Berkeley Heights and charged with driving while intoxicated. Suspension or revocation of your driver’s license, hefty fines and imprisonment are only some of the penalties you face if convicted of DWI. The laws are so tough, that refusing to consent to a breath test to give police and prosecutors evidence of intoxication will cause the Motor Vehicle Commission to take away your license for up to a year and impose fines up to $500 for a first offense even if you are not convicted of the DWI for which you were originally arrested. New Jersey does not, unlike the overwhelming majority of other states, authorize restricted licenses allowing you to get to and from school and work while under a revocation or suspension.
The Berkeley Heights DWI lawyers at the Law Offices of Jonathan F. Marshall have outstanding backgrounds as former prosecutors and defense attorneys who focus their practices on defending individuals facing prosecution under the state’s criminal and DWI statutes. Some members of our defense team are trained and certified instructors in field sobriety testing and in the use of the same breath testing equipment used by police. Our training and an in depth knowledge of the law combined with extensive trial experience in Berkeley Heights Municipal Court gives our lawyers the skills needed to achieve unsurpassed results. No matter the day of the week or the time of day you need us, an attorney is available simply by calling (908) 272-1700 for a free initial consultation.
Berkeley Heights NJ DWI Offense
Operating a motor vehicle in Berkeley Heights or other communities throughout the state while under the influence of drugs or alcohol is a violation of N.J.S.A. 39:4-50. Under the statute, if your blood alcohol concentration is 0.08 percent or greater as measured using a sample of your blood or with an Alcotest or other device designed to test breath samples, you are deemed to be intoxicated.
Prosecutors can prove you were intoxicated simply by offering into evidence the test results showing your BAC to be at least 0.08 percent. Refusing to consent to testing might not be in your best interests. When you are issued a driver’s license, you also give your implied consent to testing if requested to do so by a police officer having reason to believe you are driving while intoxicated. A conviction for refusing to take the breath test results in issuance of a separate offense under N.J.S.A. 39:4-50.2.
You should also know that just because the Berkeley Heights Police may lack a breath test sample that it does not negate an ability to prove a DWI. Failure to pass field sobriety tests or an admission can suffice in proving intoxication even without toxicology.
Penalties for a Berkeley Heights DWI Conviction
A Berkeley Heights DWI conviction results in penalties that include:
- Fines
- Surcharges
- Driver’s license suspension
- Installation of an ignition interlock device
- Jail
- Intoxicated Driver’s Resource Center Requirements
- Community Service
Pleas bargaining, the process by which defense lawyers and prosecutors negotiate to downgrade a charge or lessen the penalties imposed at sentencing, is available in practically all other criminal cases except driving while intoxicated or while under the influence of drugs. Avoiding the harsh penalties of a DWI is possible when your attorney has the experience and training to pursue an aggressive defense strategy designed to challenge the evidence against you and the procedures used by police, including:
- Lack of probable cause or reasonable suspicion to stop your vehicle and make an arrest
- Failure to properly administer field sobriety tests
- Lack of evidence proving operation of a motor vehicle
- Violation by police of procedures for obtaining consent to BAC testing
- Failure of prosecutors to comply with defense discovery demands
- Violation of proper testing procedures rendering BAC results invalid
Berkley Heights DWI Defense Attorney
A driving while intoxicated conviction can severely impact your life. The highly-trained and resourceful lawyers on the team at the Law Offices of Jonathan F. Marshall is capable of providing you with the aggressive and tenacious defense that gives you the best chance of avoiding a conviction. We have a Berkley Heights DWI defense attorney who is available 24/7 to assist you. Attacking the evidence and the basis for the initial stop and the arrest can ultimately lead to dismissal of the charges or reduction to a lesser offense. The attorneys on our staff are prepared to help you in this mission. For a free consultation with a lawyer with the skills to help you successfully defend a Berkeley Heights DWI, call (908) 272-1700.
