What Happens After Being Arrested for a DUI - FAQ/Guide

Welcome to The Skiendziul Law Firm's comprehensive guide on what happens after being arrested for a DUI in New Jersey. If you or a loved one are facing DUI charges, it is important to understand the consequences, legal process, and potential defenses associated with such charges. Our experienced legal team is here to provide you with expert representation and guide you through this challenging time. Contact us today for a free consultation.

Consequences of DUI Arrests in New Jersey

Being arrested for a DUI in New Jersey can have serious consequences, both immediate and long-term. It is crucial to be aware of these consequences:

1. License Suspension: Upon DUI arrest, your driving privileges may be suspended. The duration of the suspension varies based on factors such as blood alcohol concentration (BAC), previous convictions, and whether any aggravating circumstances were present during the arrest.
2. Fines and Penalties: DUI offenses in New Jersey carry hefty fines and penalties. The amount you will be required to pay depends on the specific circumstances of your case, including BAC level, any prior convictions, and whether there was property damage or injuries involved.
3. Ignition Interlock Device: In some cases, individuals convicted of a DUI may be required to install an ignition interlock device in their vehicles. This device prevents the car from starting if alcohol is detected on the driver's breath.
4. Probation: DUI convictions often result in probation, during which you will be required to comply with specific conditions set by the court, such as attending alcohol education programs or submitting to regular drug and alcohol testing.
5. Loss of Employment Opportunities: A DUI conviction can have significant ramifications on your professional life. Certain professions, such as those requiring a commercial driver's license or working in roles that involve driving, may be off-limits to individuals with a DUI conviction.
6. Increased Insurance Premiums: A DUI conviction can cause your auto insurance premiums to skyrocket or result in the cancellation of your policy altogether. Getting affordable insurance coverage may become challenging.

The Legal Process for DUI Charges in New Jersey

The legal process for DUI charges in New Jersey involves several key steps. Understanding these steps can help you navigate the complexities of the legal system:

1. Arrest: If you are suspected of driving under the influence, a law enforcement officer may stop and arrest you. You will be taken into custody and read your rights.
2. Blood Alcohol Testing: After the arrest, you may be required to undergo a breathalyzer or blood alcohol test to determine your BAC level. It is important to understand the potential defenses of these tests.
3. Court Appearances: Following your arrest, you will be required to appear in court for an arraignment. During this hearing, you will be formally charged, and you can enter a plea of guilty or not guilty.
4. Evidence and Discovery: Your defense attorney will work to gather evidence and review the prosecutor's case against you. This may include analyzing police reports, witness statements, and any video evidence of the arrest.
5. Negotiations and Plea Bargaining: In some cases, your defense attorney may negotiate with the prosecutor to reach a plea agreement. This could involve reducing the charges or penalties in exchange for a guilty plea.
6. Trial: If a plea agreement cannot be reached, your case may proceed to trial. During trial, both the prosecution and defense will present their arguments and evidence before a judge or jury who will determine your guilt or innocence.
7. Sentencing and Appeals: If convicted, you will be sentenced based on the severity of the offense and any prior convictions. You may have the option to appeal the decision if there are grounds for doing so.

Potential Defenses for DUI Charges

When facing DUI charges, it is important to explore potential defenses that may apply to your case. Some common defenses include:

• Challenging the Traffic Stop: If the arresting officer lacked reasonable suspicion to initiate the traffic stop, it may be possible to challenge the validity of the arrest.
• Questioning Field Sobriety Tests: Field sobriety tests are not foolproof and can often be subjective. Your defense attorney may question the accuracy and reliability of these tests.
• Disputing BAC Test Results: Breathalyzer and blood alcohol tests can be challenged if they were administered improperly, or if there were issues with calibration or maintenance of the testing equipment.
• Proving Your Innocence: Your defense attorney will work to gather evidence and testimony to demonstrate your innocence or cast doubt on the prosecution's case.
• Police Misconduct: If there were any instances of police misconduct during your arrest, such as an illegal search or coercion, it may be possible to have the charges dismissed.

It is important to consult with an experienced DUI defense attorney who can thoroughly assess the circumstances of your case and develop a robust defense strategy tailored to your specific situation.

At The Skiendziul Law Firm, we understand the seriousness of DUI charges and the impact they can have on your life. Our dedicated team of legal professionals has years of experience handling DUI cases in New Jersey. We will fight aggressively to protect your rights, explore all potential defenses, and work towards the best possible outcome for your case.

If you need expert legal representation for a DUI charge in New Jersey, contact The Skiendziul Law Firm today for a free consultation. Our skilled attorneys are here to guide you through the legal process and provide you with the strong advocacy you deserve.