Middlesex County DUI Attorney

The state of New Jersey treats driving under the influence of alcohol or drugs extremely seriously. Even a first-time conviction for DUI can have serious penalties, to say nothing of the long-term consequences of having a DUI on your record. If you have been charged with DUI in New Jersey, you need to take your case just as seriously as the state does. You need a Middlesex County DUI attorney from William Proetta Criminal Law.

At William Proetta Criminal Law, we combine big-firm experience with small-firm service. Firm founder William Proetta has exclusive training on DUI and DWI investigations, including:

Certification in Standardized Field Sobriety Testing (one of among approximately 20 lawyers certified by the National Transportation Safety Administration)
Recognition as a Standardized Field Sobriety Testing Instructor (one of only approximately five attorneys in New Jersey recognized as such by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police)
Certification in Maintenance & Operation of Alcotest 7110 (with an in-depth understanding of the New Jersey-specific breath test sequence)

A single mistake shouldn’t cost you your future — and you need an attorney with the experience and skills to fight so that it doesn’t. Reach out to William Proetta Criminal Law today to speak with an experienced Middlesex County DUI attorney in a free initial consultation.

A Quick Summary of New Jersey DWI Law

A statute, NJSA 39:4-50, governs New Jersey’s DWI laws. The statute prohibits any person from operating a motor vehicle while possessing a blood alcohol concentration (BAC) of .08 percent or greater. A person is also forbidden from operating a vehicle under the influence of illicit drugs. If the person operating the motor vehicle is underage, then the state enforces a Zero Tolerance Policy that prohibits anyone under 21 from operating a vehicle with a BAC of .02 percent or greater.

In order to prove a DWI, the prosecuting attorney must establish two elements:

That the suspect actually operated the vehicle, and;
That the suspect was indeed intoxicated at the time of the field sobriety or breath test.

Under NJSA 39:4-50, the element of operation is established only if there is actual operation or if it is clear that the offender shows:

Physical control over the vehicle;
The ability to operate the vehicle; and
Intent to operate the vehicle (such as putting keys in the ignition with intention to move the vehicle).

Intoxication is usually established by way of a breath sample (Breathalyzer Test) but can also be proven through blood and urine analysis. Where scientific evidence of this nature is lacking, a DWI or DUI can be proven through Field Sobriety Testing for alcohol intoxication or Drug Recognition Testing for driving “under the influence” of drugs.

Our Firm Has Successfully Defended Against All Types of DUI Cases

At William Proetta Criminal Law, we assist clients who are facing DUI cases in Middlesex County, such as:

First DUI – Where an individual is facing a DUI charge for the first time or has a DUI conviction more than 10 years old
Second DUI– When an individual has a prior DUI conviction that occurred within the last 10 years
Third DUI– Where an individual has two or more prior DUI convictions within the previous 10 years

Why You Need a Lawyer for a DUI Case in Middlesex County

Tens of thousands of people are convicted of DUI in New Jersey every year, and even a first-time conviction can cost up to $10,000. That’s why you need an experienced attorney to help level the playing field when facing a DUI charge. At William Proetta Criminal Law, we can help you by:

Collecting documents and other evidence that may be relevant to your defense, such as photos and video or calibration records from the breathalyzer machine
Reviewing the facts of your case to identify potential legal and factual defenses that can be used to build a strong defense strategy
Moving to exclude unreliable or unlawfully obtained evidence from the prosecution’s case
Challenging the sufficiency of the evidence against you by moving to reduce or dismiss your charge
Advocating on your behalf at trial to fight for an acquittal

There Are Many Defenses Used in DUI Cases

Every case is different and requires a unique defense strategy. Depending on the circumstances of your case, the following defenses can lead to a dismissal of a DUI charge or acquittal in a DUI case:

A field sobriety test was not properly conducted, or you have physical or cognitive issues that interfered with the test administration.
A breathalyzer test was not properly performed, perhaps due to the failure to observe the 20-minute waiting period, or the breathalyzer machine had not been correctly maintained or calibrated.
Police violated your rights by failing to read you the implied consent warnings or your Miranda.
Blood or urine samples were unlawfully taken without a valid search warrant or without your consent.
You were stopped by police without reasonable suspicion or probable cause, or you were stopped at an improperly conducted DUI checkpoint.
You were not operating a vehicle or intending or preparing to operate a vehicle.

What Are the Penalties for a DUI Conviction in New Jersey?

In New Jersey, the penalties that are imposed for a DUI conviction can vary depending on factors such as the type of alcohol or drugs involved, the level of alcohol intoxication, and how many prior DUI convictions a driver has in the previous 10 years. A conviction for DUI in Monmouth County could lead to penalties including:

First offense with a BAC of 0.08 percent to less than 0.10 percent – Fine of $250 to $400, up to 30 days in jail, forfeiture of driver’s license until an ignition interlock is installed on your vehicle, ignition interlock requirement for three months, six hours of instruction for two consecutive days at an Intoxicated Driver Resource Center, auto insurance surcharge of $1,000 for three years
First offense with a BAC of 0.10 percent to less than 0.15 percent– Fine of $300 to $500, up to 30 days in jail, forfeiture of driver’s license until an ignition interlock is installed on your vehicle, ignition interlock requirement for seven to 12 months, six hours of instruction for two consecutive days at an Intoxicated Driver Resource Center, auto insurance surcharge of $1,000 for three years
First offense with a BAC of 0.15 percent or greater– Fine of $300 to $500, up to 30 days in jail, license suspension for four to six months, ignition interlock requirement during license suspension and for nine to 15 months thereafter, six hours of instruction for two consecutive days at an Intoxicated Driver Resource Center, auto insurance surcharge of $1,000 for three years
Second offense – Fine of $500 to $1000, 48 hours to 90 days in jail, license suspension for one to two years, ignition interlock requirement during license suspension and for two to four years thereafter, completion of evaluation and program at an Intoxicated Driver Resource Center, auto insurance surcharge of $1,000 for three years
Third or subsequent offense – Fine of $1,000, 180 days in jail with up to 90 days eligible to be served in an inpatient substance abuse rehabilitation program, license suspension for eight years, ignition interlock requirement during license suspension and two to four years thereafter, completion of evaluation and programs at an Intoxicated Driver Resource Center, auto insurance surcharge of $1,500 for three years

Other aggravating factors like accidents causing injury or death or the presence of children in the intoxicated driver’s vehicle can lead to much more serious criminal penalties in the event of a conviction.

Middlesex County DUI FAQs

Some of the questions that our clients frequently ask about DUIs include:

What is the New Jersey DUI limit?

In New Jersey, most drivers are subject to a blood alcohol content limit of 0.08 percent. Having a BAC at or above that limit means that a driver can automatically be charged with DUI. Drivers under the age of 21 are subject to a zero-tolerance policy under New Jersey law, meaning that any detectable alcohol in their system can lead to a DUI charge. Commercial drivers also have a DUI limit of 0.04 percent while on duty.

However, a driver who has a BAC below the legal limit can still be charged with DUI if the arresting officer determines that their intoxication has rendered them unable to safely operate a motor vehicle.

Is a DUI a felony in New Jersey?

New Jersey law does not consider DUIs crimes or disorderly persons offenses but instead classifies them as traffic offenses. However, under certain circumstances, a drunk driver may be charged with a felony offense. These circumstances include injuring another individual in a motor vehicle accident, causing someone’s death in an accident, driving with a license that was suspended or revoked due to a prior DUI conviction, or driving with a young child in the vehicle.

Is there a difference between DUI and DWI?

New Jersey law does not distinguish between DUI and DWI, though the relevant statute officially calls the offense “DWI” or “driving while intoxicated.”

Get Our Experienced Middlesex County DUI Lawyers on Your Side

If you are facing a DUI charge in Middlesex County, don’t wait to get the legal help you need. Contact William Proetta Criminal Law today for a free, confidential consultation with a Middlesex County DWI lawyer about your legal options for pursuing a favorable result in your case.