Under New Jersey law, you can be charged with driving under the influence (DUI) when your blood alcohol concentration, or BAC, level is 0.08 percent or higher. Minors are held to a lower minimum and can be charged when their BAC is .01 percent. The state doesn’t consider whether your BAC level impaired your ability to drive.

A driving under the influence charge is merely an accusation. You have only been charged, not convicted. The allegation must be proven in court and the judge must hear your side of the facts. Fontanella, Benevento, Galluccio & Smith has extensive experience as DUI attorney’s defending hundreds of DUI cases. We will help you fight this serious charge.

Elements of a DUI Charge

For the state to secure a conviction against you for a DUI it must show:

  • Reasonable suspicion
  • Prove beyond a reasonable doubt that you were operating the vehicle
  • There was probable cause to arrest you
  • Prove beyond a reasonable doubt that your BAC level was more than 0.08 percent or .01 percent (if you are a minor)

Breath Test (Breathalyzer Test) or Blood Test

The only way to scientifically prove whether you were driving under the influence of drugs or alcohol is with a breath or blood test. This is used to prove beyond a reasonable doubt that your BAC was more than the limit.

If you go to court and plead guilty, a judge will impose a tough sentence including a suspended license and fines. You should fight the charge. Fontanella, Benevento, Galluccio & Smith is ready to assist you as your DUI attorney.

Why You Need a DUI Attorney in NJ

Mandatory Penalties and Fines

New Jersey separates penalties and fines by a person’s BAC levels.

BAC of 0.10 percent or higher

  • Suspended license for seven months to one year
  • Up to 30 days in jail
  • Fines and surcharges
  • Up to 48 hours of ignition interlock device (IDRC) on you vehicle

BAC between 0.08 to 0.10 percent

  • Suspended license for three months
  • Fines, surcharges and fees
  • Up to 30 days in jail
  • 12 to 48 hours of IDRC (mandatory attendance Intoxicated Driver Resource Center)

Repeated Offenses

Second Offense within 10 years

  • Suspended license for two years
  • Fines, fees and surcharges
  • 2 days as a minimum up to 90 days in jail
  • 30 days of community service
  • 12 to 48 hours IDRC
  • Additional IDRC after license restoration for one to three years

Third Offense within 10 years (of second offense)

  • Suspended license for 10 years
  • Fines, fees and surcharges
  • Up to 180 days in jail
  • Up 90 days of community service which can be reduce jail time
  • Up to 48 hours of IDRC
  • IDRC for one to three years after license is restored

A DUI charge is extremely serious, but it’s only a charge. Fontanella, Benevento, Galluccio & Smith is here to help in your DUI case.