Having one of our North Arlington DWI attorneys from the Aretsky Law Group is crucial if you have been charged with a DWI. The consequences for a DWI conviction are very serious and can lead to hefty fines and fees, potentially costing you thousands of dollars. It can also cause extreme amounts of stress because of not only the legal, but also the social consequences. A conviction will permanently remain on your record, having long-lasting effects on your job and/or any future employment opportunities. The North Arlington DWI defense attorneys at the Aretsky Law Group have the legal expertise and know-how to help reduce the impact of these charges. We are well versed in nearly every effective defense, as well as the latest court rulings related to New Jersey’s DUI laws. We know how to leverage our knowledge and experience to vigorously defend you. Our North Arlington DWI lawyers strive to ensure that our clients fully understand the charges against them, the steps involved in their case, the defenses to be used, and the options they have moving forward to create a comfort and confidence in knowing they are in good hands.
Roughly 1/3 of all fatal accidents in New Jersey are linked to alcohol, yet this alarming statistic hasn’t stopped people from driving while impaired. From July 2023 to June 2024, law enforcement in New Jersey recorded 26,447 DUI arrests, reflecting a 1% increase compared to the same timeframe the previous year, according to newly published data from municipal courts. For a DUI/DWI charge in North Arlington, you would typically appear in the North Arlington Municipal Court located at 214 Ridge Road, 2nd floor, North Arlington, New Jersey. If your DWI case involves more serious circumstances, such as an accident resulting in injuries or death, it could be transferred to the Bergen County Superior Court where more severe criminal charges are handled.
Stages of a DUI/DWI ArrestA DUI (Driving Under the Influence) / DWI (Driving While Intoxicated) arrest in New Jersey follows several key stages, each involving specific legal procedures that can impact the outcome of your case. The terms are often used interchangeable when referring to impaired driving offenses.
Here’s an overview of the stages of a DUI/DWI arrest:
1. Traffic Stop
The process begins when a police officer stops a driver for suspected impaired driving or a traffic violation, such as swerving, speeding, or running a red light. To legally stop a vehicle, the officer must have reasonable suspicion that the driver is violating the law.
2. Initial Observations
After the stop, the officer will assess the driver for signs of impairment, such as slurred speech, red or bloodshot eyes, or the odor of alcohol. The officer may ask questions about the driver’s recent activities and whether they have consumed alcohol or drugs.
3. Field Sobriety Tests
If the officer suspects impairment, they may ask the driver to perform field sobriety tests. Common tests include the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand. These tests help the officer evaluate the driver’s coordination and ability to follow instructions.
4. Portable Breath Test (PBT)
The officer may use a portable breathalyzer at the scene to get a preliminary reading of the driver’s blood alcohol concentration (BAC). This test helps determine if further action, such as an arrest, is necessary. However, this result is often not admissible in court and serves only as a guide. The legal BAC limit In New Jersey is 0.08% (for drivers 21 and older), 0.01% for drivers under the age of 21 (zero tolerance law), and 0.04% for commercial drivers.
5. Arrest
If the officer believes there is enough evidence of impairment, they will place the driver under arrest for DWI. The driver will be taken to the police station for further processing. During the arrest, the officer may issue Miranda warnings, informing the driver of his/her right to remain silent and to an attorney.
6. Breathalyzer or Chemical Testing
At the station, the driver will be asked to submit to a breathalyzer test using a more accurate machine than the portable one used at the scene. Alternatively, in some cases, blood or urine tests may be required to detect drugs or confirm alcohol impairment. Refusing this test results in additional penalties under New Jersey's implied consent law (any person who operates a motor vehicle on public roads is deemed to automatically consent to chemical testing - breath, blood, or urine, to determine his/her BAC or the presence of drugs).
7. Charges Filed
Based on the results of the breathalyzer or chemical tests, the police will officially charge the driver with DWI and potentially other related offenses, such as reckless driving or refusing a breath test.
8. Court Appearance
The driver will be required to attend a court hearing to face the charges. This typically starts with an arraignment, where the driver is informed of the charges and enters a plea (guilty or not guilty). At this stage, having an attorney is critical to assess the strength of the case and explore possible defenses.
9. Pre-Trial Proceedings
Before the trial, there may be pre-trial motions or hearings, where the defense can challenge the legality of the stop, the reliability of the tests, or other procedural issues.
10. Trial
If no agreement is reached during pre-trial proceedings, the case may go to trial. During the trial, both the prosecution and defense will present evidence and question witnesses. The judge will then determine whether the driver is guilty of DWI.
11. Sentencing and Penalties
If found guilty, the judge will determine the penalties, which vary depending on the number of prior offenses, the driver’s BAC, and other factors. Penalties can include fines, license suspension, mandatory alcohol education programs, ignition interlock devices, and potentially jail time for repeat offenders.
Understanding these stages is crucial, as each one has its own complexities and offers opportunities for legal defenses that an experienced attorney can leverage to challenge the charges and reduce penalties.
Contact the Aretsky Law Group Today 201-580-3411Just because you fail a breathalyzer test does not mean that you must plead guilty. Our DUI defense attorneys have specialized knowledge about the DUI process and possible defenses. We have the courtroom experience necessary to effectively and confidently handle even the most challenging DUI cases. We work with the appropriate experts to testify about flaws in the testing methods and procedures used by law enforcement. And our initial consultations are FREE. So don’t wait, call us today!