Serving the Elizabeth NJ Superior Court & All Municipal Courts in Union County

Union County NJ Criminal Defense Lawyers

Over 200 Years Combined Experience

Former County & Municipal Prosecutors

Hillside DWI Lawyer

Checkpoints, implied consent rules and per se intoxication are some of the weapons the New Jersey legislature has equipped the prosecutors in Hillside and other municipalities combat those who commit DWI.  Checkpoints allow police to stop vehicles to determine if drivers have been drinking without suspicion of a crime being committed. If arrested for a DWI, your right to avoid giving evidence that could be used against you has been compromised by implied consent, which allows the state to suspend your driving privileges and fine you for refusing to take a breathalyzer or blood test. Finally, a test result showing your blood alcohol concentration is 0.08 percent or higher is all prosecutors need to produce in court to prove you were intoxicated under the per se intoxication rule.

Leveling the playing field to give you a fight chance at avoiding the harsh consequences of a conviction begins when you have a Hillside DWI lawyer from the Law Offices of Jonathan F. Marshall standing by your side in court to defend you. Our attorneys have more than 100 years of combined experience handling DWI cases in municipal and superior courts throughout the state as defense attorneys and prosecutors. Some of our defense team members have been certified as instructors in field sobriety testing and in the operation of the Alcotest device routinely used in the state of New Jersey to measure BAC levels using breath samples. We have attorneys available to help you 24 hours a day and seven days a week by calling (908) 272-1700 for a free initial consultation.

DWI Offense in Hillside New Jersey

Driving a motor vehicle while under the influence of alcohol or drugs is a violation of N.J.S.A. 39:4-50. New Jersey uses blood alcohol concentration levels to determine if a driver is intoxicated with a BAC of 0.08 percent of higher being the legal limit at which a person is intoxicated.

Other than vehicles stopped at a checkpoint, the most common way DWI arrests begin is with police officer stopping a vehicle for a traffic violation. Officers routinely observe the behavior of a drive for indications of intoxication, including:

  • Bloodshot, glassy, or watery eyes
  • Flushed face
  • Blank stare or dazed look
  • Disheveled clothing
  • Slurred speech
  • Rambling train of thought
  • Slow response to questions
  • Noticeable odor of alcohol

Upon observing any of these signs of intoxication, an officer usually has the individual perform field sobriety tests designed to provide additional proof of intoxication and probable cause to make a DWI arrest. Many of the common signs of intoxication observed by police officers can be the result of medical conditions and reaction to prescription medications, so our defense attorneys conduct a thorough investigation when in preparing your defense, including a review of medications you might have taken and their side effects.

Penalties for a First Offense DWI In Kenilworth

If this is your first DWI and your BAC was between 0.08 percent and less than 0.10 percent a judge could impose the following penalties authorized by N.J.S.A. 39:4-50:

  • Up to 30 days in jail
  • 90-day license suspension
  • Fines up to $400 with a $250 minimum fine
  • 12-48 hours attendance at IDRC
  • $1,000 yearly surcharge for three years

BAC levels of 0.10 percent and above result in more severe penalties. It is even worse if your are convicted of a second offense (e.g. two years suspension) or a third offense (e.g. 10 year suspension).

Hillside NJ DWI Defense Attorney

The Hillside DWI lawyer from the Law Offices of Jonathan F. Marshall is committed to challenging the prosecution evidence with a tough and aggressive defense strategy designed to achieve outstanding results There is always an attorney available, 24 hours a day and seven days a week, when you need us by calling (908) 272-1700 for a free initial consultation.