The state of New Jersey takes driving under the influence extremely seriously. If you have been arrested and charged with DUI, you may be facing harsh penalties even for a first-time offense. Just remember: There are many ways to fight a DUI charge. But you need a skilled Monmouth County DUI attorney on your side.
At Keith Oliver Criminal Law, we have a long track record of successfully defending people against DUI charges. We understand the long-term consequences a DUI conviction can have on your life, and we fight fiercely to help you avoid them. Depending on the circumstances of your case, we may work to get the charges reduced or thrown out altogether. No matter what, we will push for the resolution that allows you to move forward with your life as quickly as possible.
Contact us now for a free and confidential case review with a Monmouth County DUI attorney.
Our Attorneys Handle All Types of DUI Cases
At Keith Oliver Criminal Law, our experienced legal team can advocate on your behalf in cases involving:
- First DUI
- Second DUI, or a second DUI charge within 10 years of a prior DUI conviction
- Third DUI, or a DUI charge for an individual who has at least two prior DUI convictions with the last 10 years
Whether this is your first time being arrested or you have been through the system before, you should never try to fight a DUI on your own. Our skilled attorneys can help you understand your options and decide the best path forward.
Why You Need a Lawyer for a DUI Case in Monmouth County
Thousands of people are charged with DUIs in Monmouth County every year. This means that prosecutors in Monmouth County have extensive experience handling DUI cases. You need an experienced lawyer to help level the playing field and give you the best chance at securing a favorable outcome in your case. A Monmouth County DUI lawyer from Keith Oliver Criminal Law can assist you after an arrest by:
- Independently investigating your case to uncover evidence and gather witness statements that could support your defense
- Identifying potential defenses to your charge, including working with expert witnesses to help explain how the prosecution’s evidence of your intoxication may be scientifically unreliable
- Moving to exclude the state’s evidence or to dismiss your charges for lack of sufficient evidence
- Advocating on your behalf at trial or during sentencing to fight for an acquittal or a lower sentence in the event of a conviction
Understanding the Common Defenses Used in DUI Cases
Some of the most common defenses that are used in DUI cases in Monmouth County include:
- Police conducted a motor vehicle stop without reasonable suspicion or probable cause of DUI or a crime or traffic violation.
- The defendant did not operate a motor vehicle or did not have the intent to operate their vehicle.
- Police improperly performed a standardized field sobriety test, the results of the test are not reliable, or police performed a non-standardized field sobriety test.
- Police failed to provide implied consent warnings in a language understood by the driver.
- Police failed to advise an arrestee of their Miranda
- There were errors in the administration of an alcohol test breathalyzer, or the test machine was not properly calibrated.
- Law enforcement did not follow proper blood or urine collection and testing procedures, or there was a break in the chain of custody of blood or urine samples.
- Blood or urine samples were obtained without consent or a warrant.
What Are the Penalties for DUI Convictions in Monmouth County?
The penalties for a DUI conviction under New Jersey law vary based on the type of intoxication (drugs vs. alcohol) or the level of alcohol intoxication, as well as the number of prior DUI offenses that the driver has. DUI penalties include:
- First offense, BAC (blood alcohol concentration) .08 percent or greater but no more than .10 percent: Fine of $250 to $500, up to 30 days in jail, requirement to install an Ignition Interlock Device for three months and suspension of driving privileges until the interlock is installed, two six-hour classes at an Intoxicated Driver Resource Center, and an auto insurance surcharge of $1,000 for three years
- First offense, BAC greater than .10 percent but less than .15 percent: Fine of $300 to $500, up to 30 days in jail, requirement to install an Ignition Interlock Device for seven months to one year and suspension of driving privileges until the interlock is installed, two six-hour classes at an Intoxicated Driver Resource Center, and an auto insurance surcharge of $1,000 for three years
- First offense, BAC of .15 percent or more: Fine of $300 to $500, up to 30 days in jail, two six-hour classes at an Intoxicated Driver Resource Center, an auto insurance surcharge of $1,000 for three years, four to six months’ license suspension, requirement to install an Ignition Interlock Device during the period of license suspension and nine to 15 months thereafter
- Second offense: Fine of $500 to $1,000, 48 hours to 90 days in jail, 30 days of community service, completion of evaluation and programs at an Intoxicated Driver Resource Center, an auto insurance surcharge of $1,000 for three years, one- to two-year license suspension, requirement to install an Ignition Interlock Device during the period of license suspension and two to four years thereafter
- Third offense: Fine of $1,000, 180 days in jail with up to 90 days that can be served in inpatient drug/alcohol rehabilitation, 30 days of community service, completion of evaluation and programs at an Intoxicated Driver Resource Center, an auto insurance surcharge of $1,500 for three years, license suspension for eight years, requirement to install an Ignition Interlock Device during the period of license suspension and two to four years thereafter
A driver under the age of 21 who is convicted of DUI may face penalties that include:
- Suspension of driving privileges for 30 to 90 days
- 15 to 30 days of community service
- Requirement to attend alcohol and traffic safety education programs
Conviction for driving on a license suspended for a prior DUI offense carries penalties such as:
- Fine of $500
- 10 to 90 days in jail, with a mandatory 45 days if involved in an accident that results in bodily injury to someone else
- License suspension of an additional one to two years
- Revocation of the registration for the convicted driver’s vehicle
Monmouth County DUI FAQs
Questions that people often have about DUI cases in Monmouth County include:
For most drivers, New Jersey has a blood alcohol content limit of .08 percent, which translates to .08 grams of alcohol per 100 milliliters of blood in a person’s system. A driver who has a BAC of .08 percent or more is automatically considered driving under the influence.
However, for drivers under the age of 21, New Jersey has adopted a zero-tolerance policy toward intoxication. Any driver under 21 who has any detectable alcohol in their system can be charged with DUI. Commercial drivers over the age of 21 are subject to a lower BAC limit of .04 percent while they are operating a commercial vehicle.
Even if a driver has a BAC below the New Jersey DUI limit, they can still be charged with DUI if other evidence tends to show that their intoxication has impaired their ability to safely operate a vehicle.
New Jersey law considers DUI a traffic offense rather than a criminal offense. However, a motorist who drives under the influence of drugs or alcohol may be charged with an indictable offense (also referred to as a felony) if their case involves certain aggravating factors, such as:
- Driving with a license that was revoked due to a DUI conviction
- Driving with a child in the vehicle, which can lead to a charge of endangering the welfare of a child
- Causing an accident that results in serious bodily injury, which may support a charge of assault by auto
- Causing an accident that results in someone’s death, which can lead to a vehicular homicide charge
A court may grant a defendant’s motion to dismiss a DUI charge when the prosecution lacks sufficient evidence to make a prima facie case (meaning they lack enough evidence to go to trial). The court may also dismiss a DUI charge when evidence is excluded from the state’s case because it is unreliable (such as an improperly performed breathalyzer test) or was obtained in violation of a defendant’s rights (such as a police officer stopping a driver without reasonable suspicion or probable cause).
In any case, you need a strong defense attorney to make the argument that your DUI charges should be dismissed.
New Jersey law makes no distinction between driving under the influence (DUI) and driving while intoxicated (DWI).
Our Monmouth County DUI Lawyers Stand Ready to Fight for You
You have legal rights when facing a DUI charge. Contact Keith Oliver Criminal Law today for a free, no-obligation consultation with a seasoned Monmouth County DUI lawyer. We can explain the defenses available to you and help you decide the best path forward.