Experienced And Aggressive Criminal Defense

Bergen County DWI/DUI Lawyers Serving Clients Throughout NJ And NYC

A driving while intoxicated (DWI) or driving under the influence (DUI) charge can happen to anyone. All it takes is a mistake in judgment. These charges carry considerable penalties, so they should be taken seriously. Even if it is your first offense, the consequences are significant. DUI/DWI charges may result in the loss of your driver’s license, serious fines, having to put an interlock device in your car and the possibility of going to jail. A skilled Bergen County DUI lawyer from Sutnick & Sutnick Attorneys at Law can protect your rights and help minimize the consequences of the charges. As experienced DWI/DUI attorneys and former prosecutors, we have in-depth knowledge of the law and DUI procedures, including those relating to Breathalyzer testing and the Alcotest. We evaluate all the police paperwork and can contact scientific experts to review your case. The Bergen County DUI attorneys at Sutnick & Sutnick Attorneys at Law can help. Let us look at your DWI case and determine the best way to defend you. With offices in Hackensack, Wayne and the Bronx, our lawyers represent people accused of DUI/DWI throughout NY & NJ.

If you’ve been charged with DUI/DWI, our certified trial attorneys have helped many satisfied clients, and we will help you achieve the best possible results in your drunk driving matter. Call anytime, day or night, for a FREE legal consultation. We serve all of New Jersey and New York City, including Bergen County, Passaic County, & Hudson County.

Conveniently Located In Hackensack, NJ

Our law firm is conveniently located in Hackensack, and our DWI lawyers have represented thousands of individuals in more than 30 years of practice in New Jersey. Our Hackensack DUI attorneys work hard for the best interests of our clients and their families. Our long history of success gives us confidence that we can help you achieve the best possible results in your DUI/DWI matter. Contact our Hackensack law firm today for a free consultation. Our DUI/DWI lawyers are available 24/7 to help.

The Law On Drunk And Drugged Driving

A blood alcohol level of .08 is the baseline for DUI/DWI cases in both New Jersey and New York. Anyone charged with a refusal to take a Breathalyzer or Alcotest may face the same serious consequences as a person charged with drunk driving. In both states, the consequences increase with an arrest for a second or third DWI. A second conviction may cause you to lose your driver’s license for two years. You may spend some time in jail or in a treatment center. And for a third arrest, you could face a six-month minimum jail sentence and lose your license for 8 years. Accidents involving drunk driving carry increased penalties. If there was an accident with injuries related to your DWI/DUI charge, you could be charged with a felony. Third and fourth degree felonies can result in incarceration. Additionally, there is a law that may require a person convicted of drunk driving to install an ignition interlock device on his or her vehicle. This device requires that the driver provides a breath sample for the vehicle to start. Law enforcement can also arrest drivers if they suspect you are under the influence of drugs or other controlled substances. The penalties are generally equivalent to drunk driving penalties, but you could face additional drug charges. For these reasons, it is critical to contact an experienced Bergen County DUI attorney — especially if you have been arrested for drunk driving before.

Common Misconceptions About DUI/DWI

Many people believe that you must be visibly drunk to be charged with a DUI/DWI, but this is a misconception. You can be charged based on BAC levels alone, even if you appear sober. Another misconception is that you can sober up quickly with coffee or a cold shower, but these methods do not lower BAC levels. Additionally, some think refusing a breathalyzer test will help them avoid charges, but in New Jersey, refusal can lead to additional penalties. It’s important to dispel these myths to understand the seriousness of DUI/DWI charges better and the importance of proper legal representation.

Legal Process For DUI/DWI Charges

Those arrested for DUI/DWI likely wonder what to expect from the legal process. Here’s an overview of the steps involved:

Arrest: You’ll be taken into custody and transported to the police station for processing.
Booking: Officers will take down your personal information and fingerprint you.
Bail: You may be released on bail or held in custody until your court appearance.
Court appearance: You’ll appear before a judge to enter a plea and begin the legal process.
Discovery: We’ll review the evidence against you and build a defense.
Pretrial motions: We may file motions to suppress evidence or dismiss the charges.
Trial: If necessary, we’ll take your case to trial and present your defense to a judge or jury.

Understanding the steps helps you prepare for what lies ahead and ensures you are ready to meet all legal requirements.

The Timeline Of A Typical DUI/DWI Case

Here’s a general outline of what to expect:

Arrest to court appearance: 1-2 weeks
Discovery and pretrial motions: 2-6 weeks
Trial: 2-6 months
Sentencing: 1-2 weeks after trial

The timeline for a DUI/DWI case can vary depending on its complexity and the court’s schedule.

Court Procedures And What to Expect

In court, you will first attend an arraignment where the court reads the charges, and you enter a plea. If you plead not guilty, the case proceeds to pretrial motions and possibly a trial. Both sides present evidence and witnesses during the trial, and the judge or jury decides. We guide clients through each step, providing the support needed to navigate the legal system effectively.

Consequences Of DUI/DWI Convictions: Immediate Penalties

Immediate penalties for a DUI/DWI conviction include fines, license suspension and jail time. The severity of these penalties often depends on whether it is a first or repeat offense. For first-time offenders, penalties might include a fine, mandatory alcohol education classes, and a temporary license suspension. Repeat offenders face harsher penalties, including longer license suspensions, higher fines and extended jail time.

Long-Term Effects On Driving Record And Insurance

A DUI/DWI conviction can stay on your driving record for several years, leading to increased insurance premiums. Insurance companies view DUI/DWI offenders as high-risk drivers, which can result in significantly higher rates. Additionally, a conviction can affect your ability to obtain insurance coverage. These long-term effects highlight the importance of fighting DUI/DWI charges to protect your driving record and financial well-being.

Impact On Employment And Personal Life

A DUI/DWI conviction can affect your employment, especially if your job requires driving. Employers may view a DUI/DWI conviction as a sign of irresponsibility, which can impact your career prospects. Additionally, a conviction can strain personal relationships, causing stress and embarrassment. The social stigma associated with a DUI/DWI conviction can also affect your mental health and overall quality of life. Recognizing these impacts emphasizes the need for experienced legal representation to mitigate the consequences.

Defenses Against DUI/DWI Charges

As experienced DUI/DWI attorneys, we know every case is unique and requires a tailored defense. Still, here are some common legal defenses used in DUI/DWI cases:

Challenging the stop: We may argue that the initial stop was unlawful or lacked probable cause.
Challenging the tests: We may challenge the results of field sobriety tests or blood/breath tests.
Challenging the arrest: We may argue that the arrest was unlawful or that the officer failed to follow proper procedures.

These defenses require a thorough understanding of DUI/DWI laws and procedures, so hiring an experienced DUI/DWI lawyer is crucial. We understand the complexities of DUI/DWI laws and can help build a strong defense. An experienced lawyer can negotiate plea deals, challenge evidence, and represent you in court. Our trial expertise can make a significant difference in the outcome of your case, potentially reducing or dismissing charges. We are committed to providing the best possible defense to protect your rights and future.

Role Of Evidence And Expert Witnesses In Defense

The defense can challenge the evidence. Breathalyzer results and field sobriety test performance can be challenged by expert witnesses. These experts can testify about the reliability of the tests and the procedures followed during the arrest. For instance, an expert might explain how certain medical conditions can affect breathalyzer results. Using expert witnesses can strengthen your defense and increase the chances of a favorable outcome.

Recent Updates In Legislation

Recent updates to New Jersey DUI/DWI laws include

Extended license suspensions for repeat offenders: The penalties for repeat DUI offenders have become more severe. Judges now have the discretion to impose license suspensions ranging from two to four years, depending on the circumstances and the number of prior offenses.
Voluntary ignition interlock device installation: Under the new law, individuals arrested for DUI with a BAC between .08% and .10% can voluntarily install an ignition interlock device before their conviction. This allows them to maintain their driving privileges while their case is pending. If they comply, they may receive credits against any mandatory license suspension.
Plea bargaining in DUI cases: As of 2024, New Jersey allows for plea bargaining in DUI cases. This change provides more flexibility in negotiating charges and potentially reducing penalties for those facing DUI charges.

Staying informed about these changes is essential for anyone facing DUI/DWI charges.

Representing Juveniles Charged With DUI/DWI

Our Hackensack DUI lawyers also represent juveniles who have been charged with underage drinking and driving. Any amount of alcohol found in the blood of a minor is cause for a DWI arrest. Underage DWI penalties include driver’s license suspension and fines. While the penalties may be somewhat different for minors, the charge is serious and can have long-term effects on a minor’s life. We offer the aggressive defense they need to protect their rights and futures.

FAQs About DUI/DWI In New Jersey

A drunk driving charge can dramatically impact an individual’s freedom. From loss of driving privileges to actual jail time, drivers might find it difficult to get to work, get to school or simply run household errands. At Sutnick & Sutnick Attorneys at Law, our Bergen County DUI attorneys understand the frustration and confusion many individuals feel when facing these charges. While every case is different, there are some common questions that come up time and again.

What To Do If Arrested For DUI/DWI?

If you were arrested for DUI or DWI, it is important that you hire an experienced Bergen County drunk driving defense attorney right away. At this point, law enforcement and the prosecutor’s office are building a case against you and they are likely going to pursue the maximum penalty possible. You need to have a strong defender on your side from the very start. It is important to make sure that all critical evidence is preserved and a Bergen County DUI/DWI attorney will ensure that. If there is a recording from the police officer’s vehicle or police headquarters, it is necessary to view that video and audio. If blood or urine was taken, the results must be examined.

What’s The Difference Between DUI And DWI Charges In New Jersey And New York?

Driving under the influence (DUI) and driving while intoxicated (DWI) are terms often used interchangeably, but they can have different meanings depending on the state. Still, people often refer to a DWI when it is alcohol related and a DUI when it is drug related.

In New Jersey, the terms DUI and DWI describe the same offense, which is operating a vehicle with a blood alcohol content (BAC) of .08% or higher.

In New York, DUI and DWI have different meanings. A DWI charge is used when a driver has a blood alcohol concentration (BAC) of .08% or higher, indicating a higher level of intoxication. A DUI charge, also known as DWAI (Driving While Ability Impaired), applies when a driver has a BAC between .05% and .07%, or shows other evidence of impairment. DWI is considered the more serious offense, with harsher penalties compared to DUI.

What Are The Penalties For DUI/DWI In New Jersey?

Depending on your driving history and the circumstances surrounding your arrest, there are numerous consequences, including:

Jail time
Fines
License suspension
Installation of an ignition interlock device
Insurance surcharges
Intoxicated Driver Resource Center class

How Do I Get My License Back After A DUI/DWI In New Jersey?

It is important that you have a Bergen County DUI attorney that stays with you throughout the entire process. Even once the case is concluded in court, there are many administrative requirements that must be fulfilled in order to reinstate your driver’s license. Once you’ve successfully completed the terms of your license suspension, you won’t immediately get your license back. You will likely have to visit the New Jersey Motor Vehicle Commission (MVC) to complete a reinstatement application and pay any applicable fees. Even then, until you’ve completed this step and have your new license – or temporary paperwork – you could still be charged with driving on a suspended/revoked license.

Can A DUI/DWI Charge Be Dropped/Expunged?

In New Jersey, a DUI is a motor vehicle offense rather than a criminal offense. As such, there is currently no way to expunge it from your driving record.

Are DUI Felonies In NJ?

They are not felonies unless there is an accident with serious physical injury or death. However, driving while suspended under a DWI offense can be a felony with a state prison sentence of 18 months.

How Long Does A DUI Stay On Your Record In New Jersey?

Because DWI is not a crime but a traffic ticket, it does not appear on a criminal background check. A DWI stays on a person’s driving abstract forever.

Is Jail Time Mandatory For 1st DUI In NJ?

A first DWI has a discretionary jail sentence of up to 30 days.

Can DUI Charges Be Reduced Or Dismissed?

There is no plea bargaining on DWI in NJ. The case must be defended. A dismissal can only occur if the prosecutor agrees they cannot prove the case or if the defendant is found not guilty after trial.

How Many Points Does a DUI Put on Your License in NJ?

A person does not get any motor vehicle points for a DWI (zero). This is because accumulating points could result in a license suspension. Since a DWI could result in a license suspension, points would be a double penalty.

How Much Does A DUI Cost In New Jersey?

Court costs range between $700-$1500. There is also a mandatory New Jersey DMV surcharge of $3000. There is a $200 restoration fee payable to NJ DMV once the term of suspension is over. There is a required DWI course which costs $200. Finally, there is likely a substantial increase in personal automobile insurance.

Will A DUI Show On A Background Check Or Affect Employment?

A DWI should not appear on a criminal background check. However, it will appear on a person’s driving record. Depending on a person’s job requirement, a DWI could have an impact on their current employment or future opportunities.

Will A DUI Affect Citizenship Application Or Green Card?

A non-citizen should always consult with an immigration lawyer to address their specific situation. We always work with an immigration lawyer when necessary. A DWI conviction can have an impact on a person’s current status and their ability to apply for citizenship in the future.

Can Getting A DUI Result In The Loss Of Financial Aid, Scholarships, Or Expulsion From School/College?

A criminal conviction could result in the loss of financial aid. However, because a DWI is a traffic offense, there should be no effect on college financial aid. It is also unlikely a school would take disciplinary action unless the conduct occurred on school property or during a school event.

Does A DUI Disqualify You From A CDL (Commercial Driver’s License)?

A DWI, even if it occurred in a person’s personal vehicle, will result in a 1 year CDL suspension. A second DWI will result in a permanent CDL suspension.

Do You Need An Attorney For A DUI?

A person should never handle a DWI case without an attorney. The consequences in court, and in other aspects of a person’s life can be devastating. DWI cases have many complex issues that must be reviewed by an attorney to ensure that the best possible outcome can be obtained.

Free Case Evaluation | Se Habla Español

Our Hackensack DWI/DUI attorneys use their experience to help you negotiate for reduced penalties or defend you at trial. To get started, contact us by calling 201-212-4532 or by completing our online contact form to schedule a free initial consultation about your criminal defense. With offices in Hackensack, Wayne and the Bronx, our DUI lawyers are here to help you no matter where the charge occurred.