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A DUI and Future Employment

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How a DWI May Affect Employment

In New Jersey, a driver with a blood alcohol concentration of 0.08% or higher is considered to be driving while intoxicated. A DWI in this particular state is a traffic offense and not an indictable crime and thus cannot result in a misdemeanor or felony for that violation alone. Still, Morristown criminal defense lawyers generally recommend representation in order to limit the penalties and any potential effect that it could have on future employment.

Driving While Intoxicated: The Terminology

The state of New Jersey has a driving while intoxicated statute designed to prevent people from operating a motor vehicle while affected by alcohol or drugs. All 50 states have similar statutes, and the offense is often referred to as “driving under the influence” or “driving while impaired.” You may often see these terms used interchangeably, and within the context of New Jersey, they all refer to the same DWI statute.

A DWI Is a Traffic Offense

New Jersey is one of only two states—the other being New York—in which a DWI is a traffic offense and not a criminal offense. A DWI can still result in a criminal offense if there are injuries involved, but the majority of DWI citations do not result in criminal charges. Nevertheless, a DWI can result in serious penalties, including:

  • Fines
  • Jail time
  • Automobile insurance surcharges
  • Substance abuse assessment and education
  • Temporary or permanent loss of driving privileges

May an Employer Inquire About a DWI Conviction?

It depends on the circumstances. An employer does have the right—depending on the phase of the hiring process—to ask you about criminal charges and to perform a criminal background check. But since a DWI is a motor vehicle offense in New Jersey and not a criminal offense, you do not have to disclose the arrest or the charges, and any conviction will not show up on a criminal report. It will, however, show up on your Driver History Abstract, which is commonly referred to as a driving record, and a clean driving record is a prerequisite to some jobs.

May an Employer Request a Driving History Abstract?

Municipalities are permitted to request your driving record without restriction, and they can therefore choose not to hire you based on a DWI. Other employers have limited access based on what the position entails. If the job involves operating a vehicle that requires a license, then the employer can ask you if you have been charged with a DWI and can verify that information through the DMV. The employer can choose not to hire you based on that information and may in some cases have an obligation not to hire you.

How Long Does a DWI Stay on Your Record?

In the state of New Jersey, a DWI remains on your driving history abstract forever. This is done so that previous violations can result in harsher penalties for subsequent violations. The law in this state does include what is called a 10-year step-down provision. After 10 years have passed from a previous violation, a subsequent violation will be assessed as if it were the first infraction.

There are no such rules governing employers. If an employer is hiring you to operate a motor vehicle, it has the right to assess a DWI conviction that is older than 10 years. It is generally believed that employers place greater emphasis on recent history, but they are not obligated to do so.

Local Representation in New Jersey

It is often beneficial for anyone charged with a DWI in New Jersey to hire an attorney to protect their legal rights and mitigate any penalties that may be faced. If you or a loved one is in this situation, then it could be a good idea to contact the law office of Gregg A. Wisotsky. We can provide you with a consultation and, if needed, local representation from a Morristown criminal defense lawyer. To schedule an appointment, call us at 973-898-0161 or contact us online.

Why Do DUI Charges Sometimes Get Dismissed?

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What Are Common Reasons to Get a DUI Charge Dismissed?

Did you know that one in four DUI cases end up getting dismissed? Law enforcement officers are supposed to follow all sorts of guidelines when handling DUIs, and breaking any of them can cause the judge to throw out the entire case. Here are some of the most common reasons that a DUI charge can get dismissed.

The Traffic Stop for Your DUI Wasn’t Legal

Just like any other criminal case, the evidence against you can only be used if it was obtained legally. An officer has to have a reasonable suspicion that a crime is being committed for stopping your vehicle in the first place. This can include anything like breaking a traffic law or being witnessed leaving a bar while visibly intoxicated. If the officer pulled you over while you were driving safely and normally, your case could be thrown out.

You are especially likely to have a case for dismissing your charges if there is reason to suspect bias. In situations like DUI checkpoints, officers are supposed to remain neutral and use a targeting method like searching every fifth car. If you think a biased officer targeted you based on your financial status, race, gender, or age, it’s worthwhile to speak to a Morristown criminal defense lawyer.

Your Sobriety Test Results Weren’t Accurate

Failing a blood test or breath test doesn’t necessarily guarantee a guilty conviction. Your DUI lawyer may be able to cast doubt on the accuracy of the test results. The most common reason for dismissing a DUI case based on sobriety test accuracy is if the officer used broken equipment or failed to calibrate the equipment correctly. Certain medications and foods can also impair the results of a Breathalyzer.

You can also cast doubt on the outcome if the test was not conducted promptly. In the case of blood tests, they are only valid evidence if they are properly labeled and handled. If there is doubt that your sample was uncontaminated, your case could be thrown out. Blood tests also have to be conducted promptly. If your sample sits for days, alcohol levels elevate naturally due to decomposition, so the results are skewed.

The Arresting Officer Didn’t Follow Legal Procedures

In any potential arrest for DUI, police officers have to follow several legal procedures. They have to read you your Fifth Amendment Miranda rights and give you the opportunity to speak to an attorney. If this did not happen in your DUI case, you have a very strong reason to get your case thrown out. Without being notified of your rights, any evidence you gave to incriminate yourself is no longer valid.

There can also be other minor mistakes that can get your whole case thrown out. In some cases, things like a law enforcement officer failing to sign a complaint or writing down your Breathalyzer results may affect your case. If basic procedural mistakes occur, your lawyer can argue that there is not enough valid evidence to charge you with a DUI.

A Non-Standard Sobriety Test Was Used

Not all police officers use breath tests or blood tests to determine sobriety. If they asked you to do something like recite the alphabet backwards, your Morristown criminal defense lawyer might have grounds to ask for case dismissal. Certain non-standard tests are challenging to complete whether a person is sober or drunk. If the only reason for your DUI charge was failing some complicated test, your lawyer may be able to get your case dismissed.

As you can see, these sorts of issues come up fairly regularly. With help from a talented lawyer, you may be able to get the charges thrown out. The Law Office of Gregg Wisotsky is here to help with your DUI case. Even in situations where a dismissal isn’t possible, the right representation can still potentially improve the outcome of your case. Ready to schedule an appointment at one of our Morris County offices? Give us a call at 973-898-0161 or send us a message now.

The Consequences of a DUI Charge

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New Jersey’s DUI Process

In the state of New Jersey, driving under the influence of alcohol or drugs is a common charge, and is variously referred to as DUI or DWI. According to the Department of Justice, New Jersey law enforcement officers arrest about 24,000 people per year for this violation. On average, that is about 65 DUI arrests per day.

Understanding a DUI Charge

While intoxicated driving is a common charge, it can be intimidating for those facing the legal consequences of an arrest. Before you find an attorney, you will need to know the proper terminology in the state. Most states refer to drunk driving as a DUI, which is known as driving under the influence. However, in New Jersey, the offense is often called driving while intoxicated (DWI). The terminology may be different, but the basic charge and consequences are the same.

Under New Jersey law, a person can be charged with a DWI if the driver’s BAC (blood alcohol content) is .08 or greater. Commercial drivers and anyone under the age of 21 have a lower BAC threshold. Plus, a driver who has a BAC of at or over .10 faces enhanced penalties.

What Happens After Getting Arrested?

When a law enforcement officer stops a driver, a field test is conducted. Those individuals found driving while intoxicated are given a ticket. You might have a court date set for your case. In many situations, the court date is within a few days of the violation. During the arraignment, the judge will explain the charges, and you need to plead guilty or not guilty. A guilty plea will lead to an immediate sentence. However, a not guilty plea means that the case goes to court.

Will I Have a Criminal Record?

Drunk driving is a serious traffic violation, but it is not technically considered a criminal offense in New Jersey. For that reason, if you are convicted of a DUI, your information will not be added to the National Crime Information Center database. However, this offense will be documented with the New Jersey Motor Vehicle Commission, and that information is available to the public. In addition, the DWI charge can cause issues with insurance and employment.

In New Jersey, convictions and arrest records can be sealed during an expungement process. New Jersey’s expungement laws do exclude DWI convictions since they are not criminal offenses. If you have questions about your record, reach out to a Morristown criminal defense lawyer.

What Are the Penalties for a DWI?

If you have been charged with a DWI in New Jersey, you are probably worried about the consequences. In many cases, your driver’s license will be suspended, and you must pay hefty fines and court costs. Many drivers might have to install an ignition lock device in their vehicles. This device is similar to a Breathalyzer, and it will measure your BAC level before you will be allowed to start the car. Even a trace of alcohol could render the vehicle undriveable.

Many of these penalties are based on certain factors. If it is your first offense, the penalties are less severe than someone facing a third or fourth charge. Those with a first DWI conviction can be sentenced to up to 30 days in jail, although alternative penalties such as community service are often assesses, and they will likely have their license suspended through a separate administrative hearing. For those who have a BAC of .10 percent or more, you could face a driver’s license suspension of at least six months with a fine ranging from $300 to $500.

Second DWI offenses can lead to a two-year license suspension, community service, and fines in excess of $1,000. As a driver continues to get arrested for this offense, the penalties and consequences will continue to increase, including permanent revocation of a driver’s license.

DWI and Reckless Driving Charges

In some cases, the DWI offenses can overlap with reckless driving charges. Under NJSA § 39:4-96, a person can be charged with reckless driving if the individual had a “willful or wanton disregard of the rights or safety of others, in a manner to endanger, or be likely to endanger, a person or property.” Some examples of reckless driving can include blocking other vehicles, ignoring traffic lights and signs, and weaving in and out of traffic lanes.

Like DWI offenses, a first-time reckless driving charge can include a fine and jail time. For those second and recurring offenses, the fines and jail sentences will increase. Along with that, the judge could temporarily suspend the individual’s driving license.

What Happens to My Insurance?

While many people worry about the fines and jail time associated with a DWI arrest, other consequences should be addressed as well. If you are found guilty of a DWI, it can negatively impact your daily life, including raising your insurance rates.

As previously stated, a DWI is not technically a criminal charge, but it will be documented on your driving record. The state does not add points to your driving record, but most insurance companies could add those points. These points are used as a way to measure whether you are a risky driver. If you have a high point range, you will have to pay a higher premium.

In some cases, the insurance company could drop you from their policies. If you have been charged with a DWI, it is vital to keep up with your insurance payments, including any periods of temporary license suspension. Any lapses in your insurance can lead to a monetary fine.

Will a DWI Conviction Affect My Employment?

With a DWI conviction, you might face some issues with your employment status. New Jersey municipal courts do not contact employers when a person is convicted of a DWI. However, you will have to contact your own employer if you work as a delivery driver, truck driver, taxi driver, chauffeur, or bus driver. Members of the military and pilots might have to disclose a DWI conviction to their employers. It is not uncommon for individuals to be terminated from their job due to a conviction.

Today, many employers will conduct a background check on anyone who applies for a job. While a criminal background check will not disclose a DWI, your driving record can show a conviction. If you are applying for a job, you do not have to talk about a DWI offense since it is considered a traffic violation and not a criminal charge.

Do I Need a Lawyer for Drunk Driving Charges?

Many people have never been arrested and have questions about the process. The New Jersey legal system is complicated. It is advisable to take an aggressive approach to these accusations. As a result, that can improve a person’s chances of beating the DWI charges. A Morristown criminal defense lawyer can examine every detail of your case and craft an effective defense. If you have been arrested for DWI in New Jersey, you need to consider all of your legal options. With the right help, you can possibly avoid the harsh consequences of a DWI conviction.

Find a Lawyer for Your Case

Anyone who has been arrested for drunk driving needs to contact a lawyer as soon as possible. When you reach out to Gregg Wisotsky, he will analyze your case and help to formulate a defense strategy for you. You want to have respected and trusted legal representation in the state, especially when facing the consequences of a DWI charge. Gregg is ready to handle your case. You can schedule a consultation by calling the Morristown office at (973) 898-0161 or visiting our website.

What You Should Expect After a DUI Charge

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What Happens When You Are Charged With a DUI?

Every year, roughly 1.5 million people are arrested for drunk driving. If you are one of the many people facing drunk driving charges, it’s understandable to feel worried and confused. Knowing what to expect can help this time feel less stressful and overwhelming.

Deciding Whether or Not to Plead Guilty

One of the first steps after your DUI arrest is deciding what your plea will be. At the arraignment hearing, you will hear the charges against you and have the option of pleading guilty, not guilty, or no contest. In most cases, people will plead not guilty. Even if there is a lot of potential evidence with you, it is better to start with a not-guilty plea. This gives your Morristown criminal defense lawyer more time to make your case and find reasons that you should not be convicted or get a severe sentence.

It is rare for a person to plead guilty at the arraignment or during the early parts of their case unless they have already developed a plea bargain with the state. A plea bargain is a deal where you agree to plead guilty in return for the state providing you with a specific sentence. The prosecution will often push a plea bargain because it saves the state time. A plea bargain can be a way to get a reduced sentence when the evidence is stacked against you. However, these terms might not be favorable. It is never a good idea to accept a plea bargain without having a lawyer carefully consider your case.

Considering Possible Defenses to DUI Charges

After your arraignment, your Morristown criminal defense lawyer will work with you to prepare a case. There are several steps in their preparation, including gathering evidence on your behalf and meeting with the prosecution to discuss your case. They may talk with medical experts, interview witnesses, or try to find security camera footage of your drive or your traffic stop. All of these steps focus on finding a good defense against your DUI charges.

One option is claiming that the police did not behave correctly. If your lawyer can show that the evidence against you was collected illegally, the evidence cannot be used to convict you. A common reason to throw out DUI evidence is that there was no probable cause. If an officer did not have a reason to pull you over and ask to check your blood alcohol levels, your case might be dismissed. Other improper behavior like failing to tell you your rights or ask consent before a breathalyzer may negate evidence against you.

Your lawyer may also be able to cast doubt on the amount of alcohol in your system. If the traffic stop used nonstandard sobriety tests like asking you to repeat the alphabet backwards, it is very hard for the prosecutors to prove you were under the influence. These sorts of tests can have uncertain results since alcohol affects everyone differently. Even more scientific options like breathalyzers might not provide foolproof evidence. Breathalyzers tend to be very faulty equipment. If you use it improperly or if it is broken, your result might not be valid. Certain medical conditions, like acid reflux or dental work, can cause alcohol to linger in your mouth and further throw off your results. Your DUI lawyer may be able to bring in medical experts who can testify on your behalf and show why breathalyzer results should not be used in your case.

Another common DUI defense is proving that you were not actually in control of the car. In New Jersey, you can only be convicted of a DUI if you are over the legal alcohol limit and are operating the car. “Operating” is a very broad term that can include things like sitting in the driver’s seat while the engine is running or sitting in a car parked on the side of the highway. However, your lawyer might be able to argue you were just in the car while waiting to sober up. For example, if you were in the backseat of a car parked by a bar, your lawyer could potentially prove you were not in control of the vehicle while drunk.

Pleading Your Case in Court

After going through the arraignment and the evidence-gathering process, it will be time for your actual court date. On the appointed day, you will arrive at court with your lawyer and any witnesses on your behalf. Depending on your type of DUI, you may just appear before a judge, or there may be a jury present too. Most DUI cases will not be as dramatic as the courtroom cases that you see on television. For most of the trial, you will just sit quietly and watch evidence be presented to the court.

The prosecution will have an opportunity to present any evidence against you, and your lawyer will have the chance to question witnesses or question the admissibility of the evidence. Next, you have a chance to defend yourself. Your lawyer might ask you to go on the witness stand, or they might present a statement on your behalf. After both sides have a chance to present and challenge evidence, the court will deliberate your case. They can find you guilty, find you not guilty, or declare a mistrial.

Finding Ways to Reduce Your Sentence

In the unfortunate event of a conviction, you still have many options available to you. Not all DUI charges result in the same sentence. The right lawyer making the right argument in court can mean that you avoid jail time or other major consequences. Therefore, if a conviction seems likely, your Morristown DUI lawyer will start doing what they can to get you a favorable sentence. Potential sentencing can include jail time, fines, addiction treatment, community service, and suspension of your driving privileges.

The biggest factor in your DUI sentence will simply be whether or not anyone was injured because of your actions. In New Jersey, if you are convicted of a DUI but did not harm anyone, you might avoid jail or only get around 180 days. Therefore, your lawyer might go over any accidents you were involved in and attempt to show that the accident or injuries were not your fault. Likewise, your attorney might argue that any property damage that occurred was not entirely your fault. This can help reduce the dollar amount of the fines or the number of other penalties that you face.

When arguing for a lighter sentence or less jail time, your attorney can also bring up your character. They may try to show that the DUI was a one-time mistake that you deeply regret and emphasize that it will never happen again. Your lawyer may bring up things like your family that depends on your paycheck to show why you would be better served by options like community service instead of jail time.

If you or a loved one has been charged with a DUI, the law firm of Gregg Wisotsky is here to help. As a trusted Morristown criminal defense lawyer, we have plenty of experience helping people fight against these sorts of charges. To discuss your case and see if we can help, call 973-898-0161 or fill out our contact form.

New Jersey Police Crack Down on Drunk Driving Despite Pandemic

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Increased DUI Prevention in New Jersey Despite COVID-19

The novel coronavirus pandemic has altered American life. In fact, traffic in New Jersey has been down more than 60% at points during the pandemic, which has led to fewer traffic deaths, accidents and violations in the state in more than 50 years. Despite those numbers—and despite the reduced access to bars and restaurants—incidents of driving under the influence may be on the rise, which is why Morristown criminal defense lawyers warn that deterrence efforts by traffic cops have increased.

Driving Under the Influence in New Jersey

In New Jersey, the terms DUI (driving under the influence) and DWI (driving while intoxicated) are recognized equally and can be used interchangeably. We’ll use DUI here and going forward for the sake of clarity and consistency, but all of the information provided here applies in both cases. In this state, a DUI carries penalties when a person of legal drinking age has a blood alcohol concentration at 0.08% or above or when a person not of legal drinking age has a BAC at 0.01% or above. Punishment depends on the severity of the offense and, if applicable, the number of previous offenses. The most common penalties include:

  • Fines
  • Fees and surcharges
  • Imprisonment
  • Community service
  • Driver’s license suspension
  • Automobile insurance surcharges
  • Mandatory ignition interlock device
  • Driver education program participation

Is a Rise in DUIs Unexpected?

It depends on who you ask. On one hand, there are significantly fewer people on the roads, and fewer of those people are drinking while driving because there is less access to bars, restaurants and other establishments that serve alcohol. On the other hand, many people are working from home or have temporarily or permanently lost their employment. Many people have more free time than usual and are under great stress from the pandemic itself as well as the ancillary challenges. Consider that during the pandemic, alcohol sales went up 55% compared to years prior, according to the Nielsen market research firm. Morristown criminal defense lawyers and area traffic police also warn that DUI cases tend to rise during periods of elevated stress and loneliness, such as the holidays, and many people are experiencing stress and isolation like they never have before.

Are Other Factors Causing Increased DUIs?

NJ Transit—which encompasses both buses and trains—provides transportation for more than 800,000 passengers a day. Public transportation is available late at night, and some options run around-the-clock. Nevertheless, usage of public transportation in New Jersey is down at least 20%, and that number has been quite a bit higher during peak periods. Due to fear of infection, there’s some deterrence to opting for safer means of transportation while drinking. Travelers also have the option of taxis in addition to ride-hailing services, such as Lyft and Uber. However, the taxi workforce is down by a significant amount—as much as 75%. Lyft and Uber availability is also down—but by how much is not known—and more than 50% of regular ride-hailing passengers said that they were much less likely to use such a service during the pandemic.

DUI Ticket Blitzes

In New Jersey, the term ticket blitz is attributed to orchestrated traffic safety initiatives that run during various periods of the year, including between mid-August and Labor Day and one that begins the first week of December and continues through New Year’s Day. Recently, the campaign for these blitzes has been known as “Drive Sober or Get Pulled Over,” and they involve television, radio and internet ads in addition to billboards. During the COVID-19 pandemic, traffic cops have been using similar strategies more frequently—albeit with not as much media presence. These coordinated efforts not only result in arrests of drivers impaired by alcohol and drugs but also result in tickets for speeding, failure to wear a seat belt and texting while driving. These initiatives are multi-pronged and often involve:

  • Ad campaigns
  • DUI checkpoints
  • Added patrols near hot spots
  • Deterrence through increased police presence
  • Coordination between state and local law enforcement

What Does a DUI Checkpoint Entail?

DUI checkpoints involve the use of one or more roadblocks to funnel traffic. There is usually at least one police offer directing traffic while another examines drivers’ licenses and vehicle registrations. This initial phase is relatively brief. The police are looking for impaired drivers along with unlicensed drivers, expired tags and so on. Most drivers funneled through a checkpoint will be on their way in under a minute. If an officer suspects that you are impaired, he or she will ask you to pull over, turn off the vehicle and step out. You will then perform a field sobriety test. While you can refuse, New Jersey is an implied consent state. This means that giving consent is implied when you choose to become a licensed driver and operate a motor vehicle.

How Do DUI Checkpoints Differ During the COVID-19 Pandemic?

The COVID-19 pandemic has changed so many aspects of American life. That includes how law enforcement agencies in New Jersey conduct DUI checkpoints. Protocols have been updated to allow for as little contact as possible during all stages of the process. Police officers have been instructed to use face masks and gloves. They have hand sanitizer on hand in addition to masks that can be provided to citizens when needed. Social distancing is maintained as long as possible, including during the field sobriety test. The state has also updated the manner in which breathalyzers are used and handled to reduce the risk of either citizens or police offers getting infected.

Does Reduced Traffic Account for the Additional Resources?

In some cases, it may. After all, there is less traffic on the road, which means that traffic cops are dealing with fewer accidents and other traffic-related incidents. However, such coordinated efforts are usually made possible through additional manpower rather than through reallocation of necessary resources. Overtime for police officers is usually required. Police departments often have an annual budget for such purposes. Police departments can also receive federal, state and local grants to fund these efforts. This is certainly common with the nationwide Drive Sober or Get Pulled Over campaign, but it is not known if such funds have been distributed specifically for COVID-19-related impaired driving deterrence.

Local Representation for DUI Charges

Have you or a loved one been charged with a DWI or DUI? It’s important to seek legal representation, especially during these uncertain times. Whether this is your first offense or you are being charged with a second or subsequent charge, the office of Gregg Wisotsky in New Jersey would like to help you. DUI law is an area of focus for us, and we can provide you a Morristown criminal defense lawyer who will work diligently to protect your rights and minimize any penalties that you may face.

Our law firm provides initial consultations at no charge and without obligation. To schedule an appointment, call our Morris County office at (973) 898-0161 or contact us online. You’ll be happy to know that we follow all social distancing requirements while still providing strong legal representation.

Challenging Field Sobriety Tests in New Jersey

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Challenging Field Sobriety Tests in New JerseyWhen you’ve been pulled over by law enforcement officers in New Jersey, you can be almost certain that the first question you’ll face is some variation of “have you had any alcoholic beverages today?” If your answer is yes, or if the officer has any reasonable suspicion that you may be impaired, the next step will typically involve some type of field sobriety test, so that the officer can either establish probable cause to administer a blood alcohol test or send you on your way.

The Validity of Field Sobriety Tests in New Jersey

New Jersey police officers will typically administer one or more of three different field sobriety tests:

  • The one leg stand—To conduct this test, the officer will ask you to get out of your vehicle and stand with your feet together and your arms at your side. At some point, you’ll be requested to raise one leg at least six inches and point your toes forward, keeping your eyes on your foot at all times. The one leg stand is currently admissible in a New Jersey drunk driving prosecution, with a statistical accuracy of more than 60%. However, if the officer made you stand on one leg for more than 30 seconds, the results may not be admissible or may be considered less credible.
  • The walk and turn—This is the one you’ve seen on television and in the movies. The police officer will ask you to walk a straight line, heel-to-toe. You’ll then have to turn around and walk back to your point of origin. This test, also admissible, has an accuracy rate similar to the one leg stand.
  • The horizontal gaze nystagmus (HGN)—A nystagmus is defined as an involuntary movement of the eye, supposedly a typical byproduct of the consumption of alcohol. The police officer will typically ask you to focus on something, like a pen or flashlight, and look to see if your eyes bounce when making side-to-side movements. The horizontal gaze nystagmus is currently inadmissible in a New Jersey DUI proceeding.

Contact Gregg A. Wisotsky, Esq. Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call at 973-241-7468. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Your Third Conviction for DUI in New Jersey

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The Consequences of a Third DUI Conviction in New Jersey

Repeat DUI charges

The state of New Jersey takes a hard line when it comes to drinking and driving. If you have been convicted of driving under the influence a third time, here’s what you can expect at the time of sentencing:

  • The mandatory loss of your driving privileges for up to 10 years. Judges have no discretion with respect to this provision. They cannot shorten the time and don’t have the option to allow for hardship or work release licenses.
  • A jail term of up to six months (180 days)
  • Fines of no more than $1,000
  • A surcharge on your auto insurance premium for the next three years. For a third conviction, the annual surcharge is $1,500.
  • Mandatory detention at an in-patient alcoholism treatment center, where you pay all costs associated with the program. Any time spent in such a facility (up to 90 days) can be credited against the 180-day jail term.
  • A fee to be paid to the Intoxicated Driver Resource Center
  • A requirement that an ignition interlock device be placed on your car for anywhere from one to three years. The ignition interlock has an alcohol detection device that requires that you blow into it before the car will start. If your blood alcohol is above the legal limit, the car will not operate.

If your driving privileges have been suspended as a result of third DUI conviction and you are pulled over for any reason, you can be charged with driving while suspended, a fourth-degree indictable offense.

Contact the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC.

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Alcohol and Drug Awareness

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Understanding the Effects of Alcohol and Drugs

Driving with blurred vision

Even though the number of deaths related to drunk driving accidents has declined significantly in the past 30 years, the staggering loss of life caused by drinking and driving indicates that many who drink or take drugs and then get behind the wheel of a car don’t fully understand the impact these substances can have on their mental and physical faculties. Here is what modern science knows about alcohol and drugs and how they impact users.

What Actually Happens to Alcohol in Your System

The physical process of taking in alcohol involves three steps: absorption, transportation and change. Initially, your body allows the alcohol to enter, or be absorbed, into your bloodstream. Next, the alcohol is carried or transported throughout your body by your blood, traveling to vital organs, such as your liver, kidneys and brain. Your body then seeks to transform, or change, the alcohol into a harmless substance, a process that can put great stress on bodily organs like the liver. According to research, any alcohol that you take in will be in your blood system within just half an hour, though this can vary based on several factors, including how much you had to eat and even your gender.

The Effect of Alcohol or Drugs on Your Ability to Drive

Alcohol is known as a depressant — that means that it slows down activity in your brain, including your response time to anything that happens to or around you. It tends to make users drowsy and can make it difficult for you to concentrate on the road. It often interferes with your ability to gather and assess what you see or hear, and it can cause you to focus on one task (looking at the centerline, for example) so that you miss other important information (such as a red light or stop sign).

Of course, a drug may be a stimulant, rather than a depressant. These substances can have a similar impact on your ability to drive, allowing you to misperceive time and distance. For example, you may not be able to properly judge how much time you must pull out in front of another vehicle, or even how close you are to the side of the road or to other vehicles.

Contact Our Office

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

New Jersey Lawmakers Look at Ignition Interlock Law

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New Jersey Legislators Debate Ignition Interlock Statute

Following the lead of lawmakers in other states, New Jersey legislators have introduced a law to expand the use of ignition interlock devices for individuals convicted of DWI. Current law requires installation of the device for repeat offenders with a blood alcohol content (BAC) or 0.15 or higher. The proposed legislation would mandate an ignition interlock for first-time offenders with a BAC of 0.08 (the legal threshold) to 0.14 but would allow them to drive with an ignition lock for 3 to 12 months in lieu of a having their license suspended. In addition, if the defendant triggers the interlock device, the length of time may be extended or driving privileges may be suspended.

Under the proposed law, the presiding judge would be granted a certain amount of discretion. Based on the facts of the case, the judge could also suspend the defendant’s driving privileges, in addition to requiring the use of an ignition interlock.

An ignition interlock requires that a person blow into a device before the vehicle will start. If the device detects alcohol, the vehicle will be disabled.

Lawmakers say the legislation is necessary because simple license suspensions are not very effective. They cite studies conducted in numerous states that show that at least half of people convicted of drinking and driving ignore their license suspensions. They estimate that one in every three DWI arrests involves a repeat offender. Research indicates that repeat offenders are four times more likely to be involved in a fatal traffic accident as are first-time offenders.

The bill was approved by the New Jersey Assembly in 2014, and the Senate Budget and Appropriations Committee has passed it. It must be voted on by the full Senate and signed by the governor to become law.

Contact the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, criminal defense attorney in New Jersey.

At the law offices of attorney Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, we offer prospective clients charged with crimes a free phone consultation. We can answer your questions, explain your rights and help you understand your options relating to a criminal charge.

Contact our office online or call us at 973-898-0161 for a free consultation. In addition to our criminal law practice, we also represent clients in personal injury law cases.

New Jersey Supreme Court to Consider Right to Jury Trial in DWI Cases

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State Supreme Court to Rule on Right to Jury Trial in DWI Cases

On February 17, 2015, the New Jersey Supreme Court agreed to hear oral arguments in an appeal from a New Jersey resident facing a fourth prosecution for drinking and driving. The legal issue the court has been asked to consider? Whether a person charged with DWI in New Jersey has a right to trial by a jury of his or her peers. In the case before the Supreme Court, State of New Jersey v. James R. Denelsbeck, the defendant requested a jury trial in municipal court, but his request was denied. The lower court ruling was affirmed in both the Superior Court and the Appellate Division. Though many perceive the right to trial by jury to be automatic and universal, the U.S. Constitution does not grant such an absolute right. Pursuant to the terms of the 6th Amendment, a defendant only has a right to a jury trial if the potential sanction may be more than six months. Under New Jersey law, Denelsbeck, if convicted, would face a maximum sentence of six months. Accordingly, the trial judge denied the request.

Notwithstanding the provisions of the 6th Amendment, many states have allowed defendants in drunk driving cases have their cases heard and decided by a jury. In New Jersey, however, it has long been the practice to have DWI cases heard in municipal court, where all matters are handled by a judge. Numerous efforts have been made over the last 25 years to move DWI prosecutions to Superior Court, where a defendant may have a jury trial. State officials have resisted the attempt, citing concerns about the costs of the many jury trials that would ensue.

The New Jersey Supreme Court established the current precedent in 1990, in State v. Hamm, concluding that, in New Jersey, a DWI is a motor vehicle infraction instead of a crime. The ruling in Hamm was consistent with a U.S. Supreme Court ruling a year earlier that found that DWI defendants facing a potential incarceration of six months or less do not have a right to trial by jury

Contact the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, criminal defense attorney in New Jersey.

At the law offices of attorney Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, we offer prospective clients charged with crimes a free phone consultation. We can answer your questions, explain your rights, and help you understand your options relating to a criminal charge.

Contact our office online or call us at 973-898-0161 for a free consultation. In addition to our criminal law practice, we also represent clients in personal injury law cases.

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