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With just
$1500 down (attorneys will start your case). Then make monthly payments for a total cost of
$2250, if you have any questions contact us immediately. At DUI America we find the right lawyer to match your budget. Driving under the influence is illegal in all 50 states.
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DUI
or DWI Defense Options |
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A driver charged with a DUI or DWI / drunk driving has different options when it comes to defending themselves in court. Some defenses exist in certain circumstances, even when there’s evidence to support the DUI or
DWI.
Duress - When a person drives in order to avoid serious injury or death, he or she is doing so under duress.
Mistake of Fact - When a person has a belief that he or she is not intoxicated. For example, believe that the impairing effect of one's prescription medication has worn off.
Improper
Stop - This
is a common arguments used by defense attorneys in drunk driving cases,
it involves the claim that the officer lacked probable cause to make the
initial traffic stop.
Blood Alcohol Concentration Risen - You may claim your BAC was below the legal limit while you were driving but actually increased between the time of the traffic stop and the administration of the breath test. This is possible when alcohol recently consumed has not yet fully absorbed into the system before the BAC
test.
Portable Breathalyzer Test Accuracy - The attorney may challenge the administration of the breathalyzer test used at the scene. Was the officer properly trained? Were there intervening factors such as vomiting or indigestion? You may also question whether the breath test device was properly calibrated and maintained.
Chain of Custody of Test - You may raise questions about the administration of a blood test and whether it was tampered with or otherwise mishandled in the chain of
custody.
Field Sobriety Test - An arrest may be ruled improper if it was based on an improperly administered field sobriety test or inaccurate results. The horizontal gaze nystagmus (HGN) test, which detects eye movements often associated with intoxication.
Involuntary Intoxication - When a person has ingested alcohol without their knowledge. For example, if the punchbowl at a party was had alcohol in it.
Improper Police conduct - This defense may include evidence and/or testimony that the officer violated the defendant's civil rights or otherwise acted improperly.
We Can Help Argue Your Defense to a Drunk Driving Charge If you need any help for any of these defenses give us a call ASAP……..
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And the consequences of even a first DUI are serious. Below you’ll find
information about first-offense DUIs, including the costs and state-specific
penalties. In New Jersey, you can be convicted of driving while intoxicated (DWI)—lots
of people use the terms DWI and DUI interchangeably if you operate a motor
vehicle with a blood alcohol concentration (BAC) of .08% or more.
A BAC reading can be obtained from a breathalyzer test or a blood sample. You
can also be convicted of DWI for operating a motor vehicle while actually under
the influence of alcohol, a narcotic, a hallucinogenic, or a habit-producing
drug or for allowing someone else to operate your vehicle who is under the
influence of alcohol or one of these substances.
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Driving Under the Influence
(DUI) or Driving While Intoxicated (DWI) can be the biggest mistake you
ever made. The penalties are mind-boggling: license suspension, jail
time, fines (hefty at best), felony charges, and in cases with a
personal injury, a DUI/DWI charge can open you up to a serious civil
lawsuit. Luckily for us social folks, the law provides a window between
stone-sober and “legally drunk” (which can feel like barely a buzz
to some). Obviously, it’s always best to err on the side of
sober.
However, if you’re out with colleagues or friends and find it’s time
to go home, here's a handy drink guide. While DUI/DWI intoxication
levels vary from state to state, the California DUI Drink Chart
represents the standard numbers in most states. If you’ve been
arrested or charged with DUI or DWI then you should consult a local
criminal lawyer immediately. Many criminal lawyers specialize in DUI/DWI
cases and may be able to show that the case should be thrown out because
of an illegal stop or even negotiate a plea bargain. Don’t let one
mistake affect the rest of your life. Jobs and home loans are much more
difficult to obtain with a Dui arrest.
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A person convicted of a second or subsequent DUI offense must also install an
interlock device on any vehicle they own. A DUI conviction will also result in
an increase in your insurance premium. Refusing to take a breath test will
also carry mandatory penalties and fines comparable to a DUI offense. What can
a lawyer do? While the law prohibits plea bargains for DUI offense, lawyers
experienced in DUI defense can raise technical issues that may result in
certain evidence not being considered by the court. The lawyers at
duiamerica.com are experts at this.
The result is the dismissal of the DUI charge or a conviction for a different
offense with lesser penalties A lawyer will review the entire police
investigation to ensure all evidence is provided. They will make sure the
Alcotest instrument was in working order at the time of the offense. They will
further review all the observations made by the officer in deciding to pull
over the vehicle and conclude the driving is under the influence. Importantly,
every defendant is entitled to a speedy trial that means the case must be
heard in a timely manner.
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New Jersey DUI Penalties:
Although not considered a criminal offense, the penalties for DUI in New
Jersey are quite severe. If you are arrested for DUI and it is your
first offense, the penalties will include a drivers license suspension
of 3 to 12 months; fines and fees of approximately $750 to $1,000; up to
30 days in jail; up to 48 hours of driver instruction at the Intoxicated
Driver Resource Center (IDRC) and a $1,000 per year surcharge for three
years. The penalties for a second offense include a two year loss of
license; 30 days of community service and up to 90 days in jail; 48
hours at the IDRC; up to $1,500 in fines and fees as well as the
mandatory $3,000 in surcharges. A third offense DUI will include
mandatory jail time of 180 days; a 10 year loss of license as well as
fines, fees and surcharges of over $5,000.
A person convicted of a second or subsequent DUI offense must also
install an interlock device on any vehicle they own. A DUI conviction
will also result in an increase in your insurance premium. Refusing to
take a breath test will also carry mandatory penalties and fines
comparable to a DUI offense. What can a lawyer do? While the law
prohibits plea bargains for DUI offense, lawyers experienced in DUI
defense can raise technical issues that may result in certain evidence
not being considered by the court. The lawyers at duiamerica.com are
experts at this.
The result is the dismissal of the DUI charge or a conviction for a
different offense with lesser penalties A lawyer will review the entire
police investigation to ensure all evidence is provided. They will make
sure the Alcotest instrument was in working order at the time of the
offense. They will further review all the observations made by the
officer in deciding to pull over the vehicle and conclude the driving is
under the influence. Importantly, every defendant is entitled to a
speedy trial that means the case must be heard in a timely manner.
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