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DUI

Practice Areas / DUI

If you’re facing a DUI charge, the stakes are high. At Larkin Farrell, LLC, our expert legal team specializes in DUI/DWI defense, defending you with knowledgeable and assertive representation. We are ready to fight for your rights. Contact us today to discuss your case with a skilled DUI lawyer.

What is a DUI?

A DUI, or “Driving Under the Influence,” is the act of driving a car while impaired by drugs or alcohol. Most jurisdictions determine impairment by setting a blood alcohol concentration (BAC) limit; in New Jersey, a person is considered to be driving under the influence if they have a BAC of 0.08% or higher.

Be aware that even if your BAC is below the designated threshold, you could still be charged with a DUI if there is enough evidence to suggest impairment.

Are DUIs and DWIs the Same Thing?

In New Jersey, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are used interchangeably. Both refer to the act of operating a vehicle while impaired by alcohol or drugs. New Jersey law doesn’t make a legal distinction between the two, so the offenses and their penalties are the same.

What Are The Penalties for a DUI?

In New Jersey, the penalties for a DUI or DWI depend on the driver’s blood alcohol concentration (BAC) at the time of the arrest and whether the driver has had previous DUI/DWI convictions.

First-time Offenders (BAC of 0.08% to 0.10%):

  • Fines: $250 to $400.
  • License Suspension: Until an ignition interlock device is installed. Interlock required for 3 months.
  • Jail: Up to 30 days.
  • IDRC: Mandatory participation in an Intoxicated Driver Resource Center program.

First-time Offenders (BAC above 0.10%):

  • Fines: $300 to $500.
  • License Suspension: Until an ignition interlock device is installed. Interlock required for 7 months to 1 year.
  • Jail: Up to 30 days.
  • IDRC: Mandatory participation, similar to lower BAC offenders.

Second and Subsequent Offenses:

  • Increased fines.
  • Longer license suspensions.
  • Extended jail sentences.
  • Potential for mandatory ignition interlock device installation for multiple years.

DUI/DWI convictions in NJ can also result in surcharges, community service requirements, and other long-term implications. It’s worth noting that New Jersey does not have a “lookback” period, meaning that previous DUI convictions can influence penalties for subsequent offenses.

Contact A DUI Lawyer At Larkin Farrell, LLC, Today

Being charged with a DUI can seem like the end of the road, especially when weighing the potential ramifications of your future. Don’t face this alone: contact a professional DUI attorney to stand by your side.

At Larkin Farrell, LLC, our seasoned attorneys will discuss every detail of your case with you, help to create a viable defense strategy, and vigorously protect your rights in court. By consulting with us, you’ll be making a move toward the best possible outcome.

Contact Larkin Farrell, LLC, today to speak with one of our experienced traffic law attorneys today. We proudly serve clients in New Jersey, and the NYC Metropolitan area, and consultations are free of charge. In addition to traffic law, we provide legal assistance for a wide range of cases, including disorderly person violations, personal injury, insurance litigation, collections, and more.

New Jersey’s DUI Statutes

As stated in the most recent version of the NJRS Motor Vehicles and Traffic Regulation (NJ Rev Stat § 39:4-50), there are several statutes related to DUIs, such as the following:

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  • Disorderly Persons Violations
  • Traffic Violations

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Statutes

Section

Offense

39:4-50
Operating vehicle under influence of drugs or alcohol.
39:4-50(G)(1)
DWI on school property (or within 1000ft. of school.)
39:4-50.14
Underage person operating motor vehicle while under the influence.
39:4-50.15
Driving under the influence with a minor as a passenger.
39:4-50.19
Failure to install interlock device on vehicle / driving without interlock.
39:4-50.2
Consent to breath samples.
39:4-50.4A
Refusal to submit to chemical testing.

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