Monmouth County DWI Lawyer - Navigating New Law Changes in 2024

Being charged with a DWI in Monmouth County is serious business. The potential consequences, such as license suspension, hefty fines, and possible incarceration, can leave you justly worried about your future. But this is not something you have to go through by yourself. At Villani & DeLuca, P.C., we understand this is a very serious matter, and we assure you that only the best professionals will provide you with legal advice. We understand every detail there is to know about New Jersey DWI laws, including all updates through 2024. There's no need to wait if you face DWI charges in Monmouth County, NJ.

Our team is readily available for a free case assessment, whether it's via Zoom, phone, or in person. We take your concerns seriously and stand ready to help guide you through the intricacies of Monmouth County DWI law. We will do everything possible to fight for the best outcome in your case.

How Our Monmouth County Attorneys Can Help You Fight DWI Charges

If you are pulled over on suspicion of drunk driving in Monmouth County, NJ, you will have to participate in several tests that are collectively called a field sobriety test. These are the tests the police use to help them establish probable cause for an arrest. The three major areas of the field sobriety test are:

• Horizontal Gaze Nystagmus (HGN): During this test, the police officer will present an object, such as a pen or flashlight, to your eyes so you can follow from side to side. As you follow this object with your eyes, you will be asked to keep your head still. The officers are looking for involuntary jerking of your eyes, which may indicate intoxication.

• Walk and Turn: You will walk the line heel to toe, straight back and forth for nine steps while counting out loud. The officers will look for swaying, slurring words, and other indications of lost balance.

• One Leg Stand: You should stand with one foot raised about six inches off the ground and count aloud until you're told to stop. The officer will observe for swaying, hopping, or dropping your foot before you've been instructed to.

Although field sobriety tests are widely used, they are not considered foolproof. Legal and scientific experts alike constantly question and reexamine their validity. For example, subjects taking the walk-and-turn and one-leg stand tests may have difficulty due to factors like age, weight, physical disabilities, or even the high stress levels elicited from the stop itself. An experienced Monmouth County, NJ DUI lawyer could question the reliability of these tests and possibly prevent their admissibility in court.

Penalties for DWI in Monmouth County, New Jersey

A conviction for driving while intoxicated in Monmouth County carries severe penalties. The specific penalties you face will vary depending on your blood alcohol concentration (BAC) and whether you have any prior DWI convictions. In most cases, you'll likely face a combination of fines, license suspension, ignition interlock device installation, and mandatory attendance at an Intoxicated Driver Resource Center (IRDC).

For a first-time offender with a BAC between .08% and .10%, your license may be suspended until an ignition interlock device is installed, and you'll face hefty insurance surcharges. This device must remain used for three months and carries a fine between $250 and $400. Starting in 2024, a person may preemptively install an ignition interlock device on the vehicle they own or principally operate and request an interlock noted license. In this case, the court can waive the $250-$400 fine, offsetting the costs of installing the ignition interlock device.

The penalties become more severe if your BAC is above .10% but under .15%. You'll be required to use an ignition interlock system for 7-12 months and face fines ranging from $300-$500. Remember that you'll still have the same IDRC and insurance surcharge obligations.

For repeat offenders, the situation only becomes more dire. Possible consequences include extended license suspension, higher fines, and even jail time. To minimize the impact these consequences have on your life, it is essential to work with a Monmouth County DUI lawyer who has handled cases like yours before. With our help, you will understand your options, protect your rights, and ensure the best possible outcome for your case.

Common Defenses to DWI Charges

In Monmouth County, NJ, you always have that right to defend yourself against DWI charges. A qualified DUI attorney can sift through your case and develop the best defenses. One option available is to argue that you were not impaired. This strategy involves questioning the reliability of the Alcotest® device, the competency of the officer administering the field sobriety test, or the timing of the BAC measurement in relation to your driving.

If the police violated any of your constitutional rights at any point of the arrest, testing, or stop—a trained DUI attorney will know how to get that evidence suppressed, meaning it can't be used against you in court.

Sometimes, you can even produce evidence that your high result from the BAC test was a false positive. This may result from dental work, mouth jewelry, or RFI-emitting devices.

Your DUI lawyer can negotiate a lesser charge if the prosecution has a weak case. Although there is no provision for plea bargaining in New Jersey DWI cases, some experienced attorneys may still be able to negotiate for you by getting your DWI charge dismissed in exchange for a lesser charge with reduced penalties.

Types of DWI Cases We Handle

Our experienced DWI attorneys handle all types of cases involving impaired driving. We are knowledgeable in New Jersey's DWI laws, including driving while intoxicated by alcohol, driving under the influence of prescription or illicit drugs, and underage DUI.

Our team is well-equipped to handle first-time offenses, repeat offenses, and cases involving High BACs. We also have significant experience handling cases related to refusing a breathalyzer test, which may carry severe penalties similar to DWI convictions. We understand these cases' unique challenges and strive to minimize our clients' long-term consequences.