DUI

DUI/DWI Lawyers in Essex County, NJ

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Results-Driven DUI/DWI Defense Lawyers Fight to Get Charges Dismissed for Clients in Essex County and Throughout North Jersey

Driving while impaired or intoxicated (DWI), also known as driving under the influence of alcohol or drugs (DUI), is a serious offense that carries significant penalties in the state of New Jersey.  The consequences of a conviction can be far-reaching and can impact all areas of your life. Even first offenders may now face jail time under strict laws designed to deter driving while under the influence of alcohol or drugs. 

When facing DUI/DWI charges in New Jersey, it’s especially important to hire a lawyer with specific experience handling DUI/DWI cases.  This is because, unlike with other criminal offenses, your lawyer will not have the option of simply negotiating for a lesser charge. New Jersey prosecutors and judges are unable to offer plea bargains in DUI/DWI cases—meaning that you need a lawyer who has the skills to get your case dismissed entirely.

At Birkhold & Maider, LLC, we fight aggressively to defend our clients who have been arrested on DUI/DWI charges in Essex County.  We leave no stone unturned in evaluating every piece of evidence in your case so that we can build the strongest possible defense in your case.  Call or contact us today so that we can begin forming the strongest possible defense on your behalf.

Evaluating the Relative Severity of a New Jersey DUI/DWI Charge

All DUI/DWI charges must be taken seriously in New Jersey.  Despite this, the potential penalties that may apply in your case can vary based upon a number of factors.  Regardless of the complexities involved in your case, our dedicated DUI/DWI defense lawyers have a passion for developing effective and innovative defense strategies for our clients.

If convicted, DUI/DWI charges in New Jersey can result in any combination of the following penalties:

  • Jail time,
  • Extensive fines,
  • Suspension of your driver’s license,
  • Community service,
  • Probation,
  • Participation in mandatory drug or alcohol counseling,
  • Participation in state-approved driver education programs,
  • Random drug and alcohol screening,
  • Installation of an ignition interlock device in your vehicle.

The length of time over which any of these penalties will apply, in addition to the level of monetary fines involved, depends upon a number of factors, which may include:

  • Your blood alcohol content (BAC) level (it is illegal to drive with a BAC of 0.08 percent or higher),
  • Whether you were of legal drinking age,
  • Whether you were involved in an accident,
  • Whether anyone was injured,
  • Whether a minor was present in the vehicle,
  • Where you were located when pulled over (penalties may increase in school zones),
  • The type of driver’s license involved (commercial drivers are subject to a lower, 0.04 percent BAC threshold),
  • Whether any additional offenses, such as reckless driving, was involved.

Our Skilled Lawyers Explore Every Potential Defense to Essex County, NJ DUI/DWI Charges

At Birkhold & Maider, LLC, our experienced and innovative DUI/DWI defense lawyers have a detailed understanding of how DUI/DWI charges are handled in New Jersey. In DWI/DUI cases, the New Jersey Supreme Court has mandated that charges cannot be downgraded. Because the state mandates that no plea agreements can be negotiated between defense attorneys and prosecutors for DUI/DWI offenses, it is key to retain a legal team that knows how to get your case dismissed to avoid mandatory penalties.

We have a proven track record of success in helping clients avoid the harsh penalties DUI/DWI charges can carry if at all possible.  While every case is unique, some common avenues we can pursue to avoid a conviction include:

  • Lack of Proper Basis for the Initial Motor Vehicle Stop. In order to arrest on DUI/DWI charges, the police must first have probable cause to stop your vehicle.  Once we assert this defense, this places the burden on the police and prosecutor to demonstrate that there was a valid reason for the traffic stop.
  • Inability to Prove Operation. The prosecution must show that you were operating the vehicle when stopped. ‘Operation’ means any control over the motor vehicle, including an intent to cause it to move, conduct that would set the vehicle in motion and even the possibility that you could have set the motor vehicle in motion.
  • Failure to Demonstrate a Valid Basis for Arrest. After the initial traffic stop, the police can arrest you on DUI/DWI charges probable cause is established either through field sobriety testing or chemical testing (breathalyzer, blood or urine testing). 
  • Lack of Reliable Scientific Evidence. Evidence of elevated blood alcohol content must be measured according to specific protocols.  This means the Alcotest machine must be maintained and operated according to specified standards for the results to be admissible in court.
  • Failure to Provide Required Discovery. In DUI/DWI cases, the prosecution is required to share evidence with the defense.  Failure to turn over documents and other pieces of evidence, including video and audio, to defense attorneys at their request can provide a valid defense.
  • Failure to Conduct a Speedy Trial. Under the Sixth Amendment to the U.S. Constitution you have a right to a speedy trial when charges are brought against you.  The length of delay, the reason for the delay, a defendant’s assertion of this right, and prejudice to the defendant are all considered when evaluating this defense.

Contact the Aggressive and Trusted DUI/DWI Defense Lawyers at Birkhold & Maider, LLC for a Free Consultation

Good defense strategies take time to develop, and not all New Jersey lawyers have similar abilities when it comes to creating a strong defense. At Birkhold & Maider, LLC, our knowledgeable DUI/DWI defense lawyers are committed to exploring all potential options in your case–and we have a proven track record of successful outcomes to back our work up.  If you or a loved one have been arrested on DUI/DWI charges, call or contact our Essex County DUI/DWI defense lawyers for your free, no-risk case evaluation.

Frequently Asked Questions About DUI/DWI Charges in North Jersey

FAQ: How is my case handled differently if I had a prior DUI/DWI conviction?  
 

If convicted of a second or third DUI/DWI within ten years of your last offense (known as a “lookback period”), you run the risk of a longer jail sentence, higher monetary fines and more time spent without a driver’s license.  This makes your choice of an experienced DUI/DWI defense lawyer even more important to prevent these severe consequences.

FAQ: Do I have to take a breathalyzer test if a police officer asks me to?  
 

Yes.  Failure to submit to the breath test is an offense in and of itself.  Also, even if you refuse, the police can arrest you and the prosecution can charge you with a DUI/DWI simply based upon the police observations at the scene.  Refusing to take the breath test can carry many of the same penalties as the underlying DUI/DWI. You can even be charged with both refusing to take the breath test and the DUI/DWI charge, resulting in much more substantial penalties if convicted.