The laws governing cases related to driving under the influence in New Jersey are quite different from those of many other states. For instance, a conviction will not go into your criminal record but is treated as a traffic violation. As a result, you cannot expunge it and it helps the state to identify you as a repeat offender if you are caught violating the law again. This time you will be handed stiffer penalties. Good NJ DUI attorneys have been in the system for long and they can help get you out of this situation.
Once you have been arrested, there are two ways that you can be prosecuted in New Jersey. One is that the prosecutor can try to show that you were driving while under the influence. He will introduce evidence such as your driving patterns, your appearance as well as any field sobriety tests that might have been done on you by the arresting officer.
The other way you can be prosecuted is the use of blood tests to indicate the level of controlled substances in your bloodstream. This is done without consideration of the level of impairment. If you refuse to take the tests then you stand a risk of getting stiffer penalties. The DUI attorneys should be with you to advice on whether to take the blood test or not.
The NJ DUI attorneys will advise you that any alcohol level above 0.08% is a violation. For those under 21 years of age, a level exceeding 0.01% is also a violation. It is difficult for you to run away from these legal limits. However, DUI attorneys who are experienced can be able to put up a defense on your behalf so that the penalties are reduced.
The difference with New Jersey DUI trials is that they are conducted in front of a judge instead of a jury as is the case in other states. It is the judge who will hear the two sides of the argument and decide on the case. The DUI attorneys will present your defense and incase the judge does not rule in your favor, you can appeal to the Law Division of the Superior Court. Here, a new judge will review the facts of the case, listen to the submissions of the attorneys as to which laws should apply and then make a decision. This second chance is not given in some other states in the country.
The penalties for driving under the influence in New Jersey depend on a number of prevailing circumstances. First time offenders get light penalties as compared to those who have done it before. You should note that there is no statute of limitations on these offences and once the conviction goes on your traffic record then it will haunt you later even after 30 years. The DUI attorneys are best placed to argue your case so that you can get off lightly.
