New Jersey traffic laws prohibit drunken driving and motorists are considered guilty of DWI if they operate a vehicle with a BAC of, or greater than .08%. A vehicle owner is also deemed to have committed this offense when they allow an intoxicated driver to operate their vehicle. A person can be arrested for operating or attempting to operate a motorized vehicle while intoxicated.
The prosecuting attorney must prove that the accused had the intention of driving, even if the car wasn’t in motion, for possible interdiction and conviction. Intoxicants are not limited to liquor, they can include narcotics, hallucinogens, OTCs, and habit-altering drugs–while under the influence refers to the significant deterioration of mental and physical capabilities of a motorist. Most people consult a DWI attorney in NJ for more on this subject.
Basics of DWI Lawsuits
DUI charges go beyond alcohol
Most motorists know that DWI is an offense in the U.S but a majority of those motorists associate DUIs with liquor. The truth is that using any substance that alters the behavior of a motorist can attract a DWI charge. Common behavior-altering substances include:
- Narcotics and hard drugs;
- Over-the-counter drugs;
- Habit-altering drugs.
DUI offenses are regarded as crimes in some jurisdictions
DWIs are considered civil offenses in most states, including New York. However, they’re regarded as criminal offenses in other jurisdictions. You should consult a DWI attorney in your jurisdiction to learn how DWIs are classified and their consequences in your jurisdiction. Not all attorneys can handle DWI cases though, narrow it down to a DWI attorney.
Arrests for DWI must be procedural
Traffic authorities must abide by certain guidelines when arresting a motorist they suspect to be driving under the influence. For instance, an arresting officer must not use force against motorists, the rights of arrested motorists shouldn’t be violated, and DWI suspects must be subjected to a BAC test to establish their guilt or innocence.
DWI can either be a felony or a misdemeanor
Drunken driving charges are considered felonies when they result in severe injuries or fatalities, or when it’s a repeat offense (in some states). First-time DUI offenses are considered misdemeanors in most jurisdictions although some states consider DWIs as felonies, even for first-time offenders. BAC shouldn’t exceed 0.08% in some states and 0.15% in others.
DUI Attorneys can help you resolve a DWI case
A DWI offender should be arraigned in court after failing a BAC test. The accused person is required to take a plea and the standard advice is to take a not guilty plea to make a way for legal consultation. The court may schedule a pre-trial to determine if the accused qualifies for a bond.
DUI lawsuits are typically costly
Litigation is typically costly but DWI cases can be even more expensive. Remember you’ll start spending immediately after being arrested. Your car is towed to the police station where a BAC test is conducted and you must cater for towing services. You must also pay a bond, if you qualify, in court to secure freedom and the right to access your vehicle.
If the court takes away an accused person’s driving rights, their vehicle must be towed and they should foot that bill–towing fee. The above charges are just a drop in the ocean, the pinch is felt when the trial begins and you’re convicted. You’ll have spent more than you could have imagined by the time the case resolves.
DWI convictions and charges come with dire consequences
The truth is that there’ll be dire consequences after a DUI conviction. For starters, your driver’s license will likely be suspended. Failing to take a BAC test or failing to cooperate with an arresting officer attracts a driving ban of 3 to 12 months. DWI offenders are given temporary driving permits till the completion of their cases. Driving rights can be limited through restriction, ban, or suspension once you’re convicted.
How Can a DUI Attorneys Help?
Traffic officers can smell intoxicated motorists from a mile–pun intended, but they’re never wrong in most instances. Additionally, prosecuting attorneys are experts in their own right and that’s why the government trusts them– they can spell doom for your case if you’re not careful. Don’t even think of facing a prosecutor if you lack a legal background. A DUI attorney can provide legal consultation when you’re faced with such an impenetrable foe. An attorney can also help you in the following ways:
- Detect flaws and errors in the case.
- Safeguard your legal interests and rights.
- Investigate if your arrest was procedural.
- Investigate the validity of BAC test results.
- Negotiating for lighter sentences.
- Ensuring your constitutional rights aren’t violated.
DWI can land you in trouble if you’re not well represented–legally. DUI attorneys facilitate trials besides safeguarding the rights and interests of an accused person.