New Jersey DUI Lawyer

If you have been arrested for DUI, you might be nervous about the legal process and fearful for your future. Facing a criminal charge and the associated penalties can seem daunting, especially if you have never been arrested before. Fortunately, an arrest doesn’t have to lead to a conviction. A skilled New Jersey DUI lawyer can help you fight to have the charges against you reduced or dropped altogether.

At William Proetta Criminal Law, we have a long track record of success handling DUI and DWI cases in New Jersey. Founding attorney William Proetta has unparalleled experience in this area, with extensive certifications and credentials in standardized field sobriety testing, instruction, and breath test operation and performance. He is:

One of only about 20 lawyers certified by the National Transportation Safety Administration in proper administration and evaluation of standardized field sobriety tests
One of only about five attorneys in New Jersey recognized as a DUI Detection and Standard Field Sobriety Testing Instructor by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police
Trained by Hansueli Ryser, the inventor of Draeger Safety Diagnostics Alcotest 7110 MKIII-C Version NJ3.11, on how to operate the instrument and perform a New Jersey-specific breath test sequence

Get the power of a top-tier DUI attorney on your side today. Contact us for a free and confidential case review. We represent individuals facing DUI charges in Ocean County, Hudson County, Middlesex County, Union County, and throughout New Jersey.

Types of DUI and DWI Cases We Can Help With

At William Proetta Criminal Law, our attorneys have extensive experience defending clients facing DUI charges, including:

First DUI

Even a first-time DUI conviction can have long-term consequences for you, especially if you face another DUI charge anytime in the next 10 years. There are many defenses in a first-time DUI case, especially when you get a knowledgeable attorney on your side immediately.

Second DUI

When you are facing a second DUI charge after a prior conviction in the last 10 years, you may be looking at serious penalties in the event of conviction. The consequences for a second DUI conviction are more serious than a first conviction as the criminal justice system seeks to punish offenders who have not corrected their behavior. If you have been arrested on a second DUI charge, don’t assume the worst. Our team can devise a strategic defense and fight for your rights.

Third DUI

Third and subsequent DUI convictions carry the harshest penalties, including mandatory jail or prison time. In the eyes of the law, a third or subsequent offense means that an offender demonstrates a pattern or habit of driving while intoxicated. Even after a third-time DUI arrest, though, a skilled attorney can make a huge difference in the outcome of your case.

Drug DWI

Our attorneys also represent people who have been charged with driving while under the influence of drugs. If officers suspect that you were driving under the influence of narcotics, we will challenge the testing methods and evidence to make it tough, if not impossible, for them to prove it.

Understanding Blood Alcohol Concentration (BAC) for DWI in NJ
May 5, 2021

When a motorist is suspected of drunk driving in New Jersey, law enforcement will typically ask them to submit to a test which measures the…
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Requirements for a Valid DWI Checkpoint in NJ
May 9, 2019

New Jersey drivers frequently encounter roadside sobriety checkpoints. These checkpoints are designed to investigate whether drivers have valid…
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Bayonne DWI Dismissed Based on Possible Blood Draw Issues
July 30, 2014

A recent article posted to NJ.com describes a recent dismissal of a DWI in Bayonne Municipal Court on July 15, 2014. The defendant, a Jersey City…
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Why You Need a Lawyer for a DUI/DWI Case

You should never try to defend yourself or negotiate DUI charges on your own. In New Jersey, a DUI charge does not entitle a defendant to a jury trial. Instead, the trial will be conducted solely before a judge. You need a lawyer to help you navigate the complex procedures that are involved with a DUI trial. A skilled New Jersey DUI lawyer can help by:

Explaining your legal rights and options and what you can expect throughout your case

Exploring alternative resolutions to your charges

Independently investigating the facts of your case to recover evidence that may be used in your defense

Advocating in your defense if you choose to fight your DUI charge at trial

Challenging the prosecution’s evidence, including filing motions to exclude field sobriety or breath/blood test results

Common Defenses Used in DUI Cases

common-defense

Just because you were stopped, arrested, and blew over the legal limit on a breathalyzer test does not mean that you do not have any viable defenses to a DUI charge. Depending on the facts of your case, you may have one or more legal defenses available to you. Examples of defenses that are used in DUI cases in New Jersey include:

The arrest arose from a motor vehicle stop that was conducted without reasonable suspicion or probable cause of a crime or motor vehicle code violation.
The arrest occurred during an improperly conducted DUI checkpoint(such as a checkpoint where officers do not select vehicles to pull over in an objective or impartial manner).
There is insufficient evidence to prove the defendant was operating a motor vehicle while they were intoxicated.
The officers improperly conducted the field sobriety test or used non-standard field sobriety tests, or factors such as the defendant’s weight, age, or physical injuries affected the results of the tests.
Officers failed to read the implied consent warnings or confirm that the defendant understood the warnings.
Police violated the defendant’s right to remain silent or to legal counsel.
The alcotest/breathalyzer was not properly calibrated, or officers failed to follow proper testing procedures such as by not waiting the 20-minute observation period before conducting a breath test.
Blood or urine samples were obtained without the defendant’s consent or against the defendant’s will.
Errors in blood or urine testing affected the test results, or there was a break in the chain of custody of a defendant’s blood or urine sample.
The defendant is suffering from medical conditions that have similar symptoms to intoxication, such as a concussion, vertigo, or diabetes, or the defendant suffers from a condition such as auto-brewery syndrome that causes positive breath or blood alcohol tests without having consumed alcohol.

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Penalties for DUI Conviction in NJ

dui-conviction

The penalties that may be imposed for a DUI conviction in New Jersey will vary depending on factors like the type of intoxication, the level of alcohol present in the driver’s system, and whether the driver has previously been convicted of DUI within the last 10 years.

Penalties for a first-time DUI conviction include:

BAC of 0.08 percent to 0.09 percent:Fine of $250 to $400, incarceration for up to 30 days, installation of ignition interlock for three months, six hours of instruction at the Intoxicated Driver Resource Center for two consecutive days, and an auto insurance surcharge of $1,000 for three years
BAC of 0.10 percent to 0.14 percent: Fine of $300 to $500, incarceration for up to 30 days, installation of ignition interlock for seven months, six hours of instruction at the IDRC for two consecutive days, and an auto insurance surcharge of $1,000 for three years
BAC of 0.15 percent of more: Fine of $300 to $500, incarceration for up to 30 days, six hours of instruction at the IDRC for two consecutive days, an auto insurance surcharge of $1,000 for three years, license suspension of four to six months, and installation of ignition interlock during the period of license suspension and for nine to 15 months thereafter

Penalties for a second DUI conviction may include:

A fine of $500 to $1,000
Incarceration for at least 48 hours up to 90 days
30 days of community service
License suspension for one to two years
Installation of ignition interlock during the period of license suspension and two to four years thereafter
Six hours of instruction at the IDRC for two consecutive days
An auto insurance surcharge of $1,000 for three years

Penalties for a third or subsequent DUI conviction may include:

A fine of $1,000
Incarceration for a minimum of 180 days with up to 90 days that can be served in inpatient substance abuse
30 days of community service
License suspension for eight years
Installation of ignition interlock during the period of license suspension and two to four years thereafter
Six hours of instruction at the IDRC for two consecutive days
An auto insurance surcharge of $1,500 for three years

New Jersey DUI FAQs

Some of the most common questions we hear from our clients who are facing DUI charges in New Jersey include:

What is the New Jersey DUI limit?

In New Jersey, the standard BAC limit for alcohol intoxication is 0.08 percent. A driver who has a BAC at or above that level is deemed to be driving under the influence. Commercial drivers, such as truck drivers, bus drivers, or limo drivers, are subject to a lower limit of 0.04 percent while on duty. Drivers under the age of 21 are held to a zero-tolerance standard. If a driver under the age of 21 has any detectable alcohol in their system, they can be charged with a DUI.

Is a DUI a felony in New Jersey?

Under certain circumstances, a DUI may be charged as a felony, also called an indictable crime or offense, in New Jersey. Factors that may raise the grading of a DUI charge in New Jersey include:

Driving with a suspended license, especially when a suspension was ordered for a prior DUI
Driving with a minor child in the vehicle
Causing an accident that results in bodily injury or death to another person

Can a DUI be dismissed?

A DUI charge in New Jersey may be dismissed by the judge if the prosecution lacks sufficient evidence to prove any of the elements of the charge. In most cases, this involves having breathalyzer or blood test results excluded from evidence, either because the evidence was obtained in violation of a defendant’s rights (such as police lacking reasonable suspicion or probable cause to initiate a traffic stop) or because errors in testing render the results scientifically unreliable.

Is there a difference between DUI and DWI?

New Jersey law does not distinguish between DUI and DWI, as both crimes are prosecuted under the same statute. However, the term DWI is normally used to refer to cases involving alcohol intoxication, while DUI is used in cases involving driving under the influence of drugs, including illicit substances as well as legal prescription medications.

Great Lawyer to Hire!!
Mr. Proetta was most professional. He did not mislead me. He came through for me with outstanding results. I would definitely hire him again to represent me. I've dealt w many lawyers in my day. And he is at top of list. Nelson

Caring, Attentive and Professional
Mr. Proetta is a caring and attentive attorney who represented me in court to resolve a traffic violation, which I strongly felt I was wrongly accused of. He thoroughly explained how it would be unlikely to win the case against me and better to have him work with the prosecutor to have the offense reduced to a lessor fine with no points, which he did achieve. I would highly recommend Mr. Proetta. Thank you Will for making an unfortunate situation more acceptable. Steve

Committed and Persistent Lawyer!
Will was committed to getting me the outcome I hoped for. His expertise and ability to communicate effectively with the court, judge and prosecutor in this case was what ultimately lead to the dismissal of the case after 10 months of going back and forth. Definitely consider hiring Will if you are in need of lawyer! Client

Talk to a New Jersey DUI Lawyer Now

Don’t leave your fate and freedom to chance in the criminal justice system. Get the legal advice and advocacy you need to defend your rights.

Contact William Proetta Criminal Law for a free and confidential case evaluation with one of our New Jersey DUI lawyers right away.