At the Aretsky Law Group, DWI cases are one of our primary areas of expertise for our Lodi DWI attorneys. We understand the intricate legal challenges these cases present, and over the years, we’ve built extensive experience to effectively assist our clients dealing with DUI/DWI charges. Whether you are facing a first-time offense or multiple convictions, our Lodi DWI defense attorneys are well-versed in the law and dedicated to achieving the best possible outcome for you. We thoroughly assess every potential DUI defense strategy, carefully examining all options before deciding on a path to resolve your case. When you work with our Lodi DWI lawyers, we don’t settle for shortcuts—we seek the best path forward. Each client matters to us, and we demonstrate that by taking proactive steps to protect your interests.
Dui/Dwi StatisticsRoughly one in three fatal accidents involves alcohol, yet thousands of New Jersey drivers continue to drive under the influence. Between July 2023 and June 2024, New Jersey police made approximately 26,447 DUI arrests, marking a 1% increase compared to the previous year, according to newly released municipal court data. These figures only account for arrests and do not reflect conviction rates. With a county like Bergen having a bigger population than other counties, there are unfortunately more DUI arrests. On average, a DWI offender has driven impaired nearly 80x before an arrest.
What Is A Dui/Dwi Charge?In New Jersey, a DWI (Driving While Intoxicated) charge refers to operating a vehicle while under the influence of alcohol or drugs that impair a person's ability to drive safely. It is essentially the same as a DUI (Driving Under the Influence). You can be charged with a DWI if you have a blood alcohol content (BAC) level of 0.08% or higher. Drivers under the age of 21 can be charged with a DWI with a BAC of 0.01% or higher. DWI/DUI charges also apply to driving under the influence of drugs, whether it be prescription, over-the-counter, or illegal drugs.
BAC is the amount of alcohol in your system, measured by the weight of alcohol in your blood. Many people assume that if they don’t “feel” drunk or don’t appear intoxicated, they are safe to drive. However, this doesn’t guarantee that your BAC is within a legal or safe range. To determine your BAC level, police officers use breathalyzer tests when they suspect you have been drinking. The level of your BAC at the time of arrest can influence the penalties and sentencing then imposed by the court.
Do I Have To Take A Breathalyzer Test?In New Jersey, you are legally required to take a breathalyzer test if a police officer suspects you are driving under the influence. This is due to the state's implied consent law. By obtaining a driver's license and driving on New Jersey roads, you automatically agree to submit to breath testing when lawfully requested by a police officer.
Refusing to take a breathalyzer test in New Jersey carries serious consequences under the state's implied consent law. For a first offense, you may face a license suspension ranging from 7 months to 1 year, fines between $300 and $500, mandatory participation in the Intoxicated Driver Resource Center (IDRC), and the installation of an ignition interlock device for up to 1 year after your license is reinstated. For a second offense, the penalties can increase to a 2-year license suspension, fines between $500 and $1,000, continued participation in the IDRC, and the ignition interlock device for 2 to 4 years. A third offense can result in a 10-year license suspension, a $1,000 fine, an extended period of ignition interlock use, and more IDRC requirements. In addition to these penalties, refusing the test may be used as evidence against you in court, and you can still be charged with DWI based on other factors, such as field sobriety tests or the officer's observations.
Field Sobriety TestsWhile the breathalyzer is a common chemical test, field sobriety tests are often used initially to evaluate a driver's physical and mental coordination. Some common field sobriety tests are:
Horizontal Gaze Nystagmus (HGN) Test:This test measures the involuntary jerking of the eyes, which tends to become more pronounced when someone is intoxicated. The officer will ask the driver to follow an object, such as a pen or light, with their eyes while keeping their head still.
Walk-and-Turn Test:The driver is asked to walk in a straight line, heel-to-toe, for a certain number of steps, turn around, and return along the same line. The officer looks for signs of imbalance, such as improper turns, stepping off the line, or failure to walk heel-to-toe.
One-Leg Stand Test:The driver must stand on one leg, holding the other foot about six inches off the ground while counting out loud. This tests balance and concentration, and the officer looks for swaying, using arms for balance, or putting the foot down prematurely.
Officers also rely on their observations, such as slurred speech, the smell of alcohol, bloodshot eyes, and the driver's responses to questions about where they have been and what they have consumed.
Given the subjective nature of the traffic stop and the observations of impairment during field sobriety tests, several defenses could be argued in your favor. Additionally, the breathalyzer machines must be properly calibrated and maintained, leaving an opening to argue against the breathalyzer results. These defenses highlight the complexity involved with a DWI charge, which is why having an experienced lawyer is crucial.
Contact The Aretsky Law Group – Lodi’s Dwi Defenders TodayOur attorneys have the knowledge and resources to build a strong defense for your case, question the prosecution’s case, and potentially dismiss your charges. We offer free consultations for a case review so don’t wait, call us today at 201-580-3411 to see what we can do for you.