Caught with a DUI in New Jersey? Here’s What Happens Next

March 26, 2025

Being charged with driving under the influence (DUI) in New Jersey is a serious matter that can have far-reaching consequences. From immediate license suspension to long-term financial and professional impacts, a DUI charge can disrupt every aspect of your life. Understanding what happens next and how a DUI defense lawyer can help mitigate these penalties is essential for protecting your rights and future.

The DUI Process in New Jersey

When you are stopped for suspected DUI, law enforcement follows a structured process:

Initial Traffic Stop

In New Jersey, law enforcement may initiate a traffic stop if they notice behaviors indicative of impaired driving, such as drifting between lanes, excessive speeding, or unpredictable maneuvers. Additionally, DUI checkpoints are a legal and frequently used tool to identify potentially impaired drivers on the road.

Imagine a scenario where a driver passing through a DUI checkpoint in Newark was flagged for exhibiting signs of possible intoxication. Upon further evaluation, it was discovered that the individual’s behavior was linked to a medical condition that mimicked impairment. This example underscores the critical need for thorough and accurate evaluations during these stops to avoid unjust accusations.

Field Sobriety Tests and Breathalyzer

After the stop, an officer may ask you to perform field sobriety tests, such as walking in a straight line or standing on one leg. If they suspect intoxication, they may administer a breathalyzer test to measure your blood alcohol concentration (BAC).

Key Thresholds

A BAC of 0.08% or higher constitutes DUI for most drivers.
For drivers under 21, the limit is 0.01%.
Commercial drivers face a stricter limit of 0.04%.

Arrest and Detainment

If the officer determines that you are over the legal limit or otherwise impaired, you will be arrested and taken to a police station for processing. Refusing to take a breathalyzer test in New Jersey carries additional penalties under the state’s implied consent law, including an automatic license suspension.

Issuance of Charges

Once at the station, formal charges will be issued. In addition to DUI, you may face related charges, such as reckless driving or endangering the welfare of others, depending on the circumstances of the stop.

Penalties for DUI in New Jersey

DUI penalties in New Jersey are among the toughest in the country. These penalties vary based on factors such as BAC level, prior offenses, and whether the DUI involved an accident or injuries.

First Offense

License Suspension: Until the installation of an ignition interlock device. In New Jersey, drivers can voluntarily install this.
Fines: $250 to $400.
Imprisonment: Up to 30 days.
Intoxicated Driver Resource Center (IDRC): Attendance at an educational program is required.

Second Offense

License Suspension: 1 to 2 years.
Fines: $500 to $1,000.
Imprisonment: 48 hours to 90 days.
Ignition Interlock Device: Mandatory for 2 to 4 years.
Community Service: 30 days.

Third Offense

License Suspension: 8 years.
Fines: $1,000.
Imprisonment: 180 days.
Ignition Interlock Device: Mandatory for 2 to 4 years.

Aggravating Factors

Certain circumstances can lead to harsher penalties, such as:

Driving with a Minor: Additional fines and potential jail time.
High BAC Levels: Enhanced penalties for BAC levels significantly above the legal limit.
Accidents or Injuries: If your DUI results in an accident causing injury or property damage, you may face additional charges, including assault by auto.

The Hidden Costs of a DUI

The financial consequences of a DUI go far beyond fines and court fees. Hidden costs include:

Insurance Premium Increases: A DUI conviction can cause your insurance rates to skyrocket, often doubling or tripling for several years.
Employment Challenges: Though DUI charges do not show up on criminal background checks, they will appear on a Driver History Abstract. If your employer runs one of these, the presence of a past DUI charge can jeopardize current jobs or future opportunities.
Loss of Professional Licenses: Certain professions, such as healthcare providers, lawyers, and commercial drivers, may face disciplinary action or loss of licensure.
Social Stigma: Beyond financial and professional impacts, a DUI conviction can strain personal relationships and damage your reputation.

How a DUI Defense Lawyer Can Help

Navigating a DUI charge without legal representation is risky. A skilled DUI defense lawyer can provide essential guidance and advocacy, ensuring the best possible outcome for your case.

Analyzing the Stop and Arrest

A lawyer will examine the circumstances of your stop to determine if your rights were violated. For example, if the officer lacked reasonable suspicion to initiate the stop, any evidence obtained may be inadmissible in court.

Challenging Test Results

Breathalyzer and field sobriety tests are not foolproof. A lawyer can identify errors in the administration or calibration of these tests, potentially invalidating critical evidence.

Negotiating Reduced Penalties

For first-time offenders or cases with mitigating circumstances, a lawyer may negotiate for reduced penalties.

Building a Strong Defense

If your case goes to trial, a DUI defense lawyer will craft a defense strategy tailored to your situation. This may involve presenting alternative explanations for observed behavior or highlighting procedural errors made by law enforcement.

Unique Scenarios in New Jersey DUI Cases

DUI cases often involve unusual or unexpected circumstances. Here are some real-life inspired, hypothetical examples:

Prescription Medication DUI: For example, a driver may be charged with DUI after taking legally prescribed medication that impaired their driving ability. A lawyer demonstrated that the driver had no prior knowledge of the medication’s side effects, resulting in reduced penalties.
Auto-Pilot Confusion: Let’s say that a driver using a vehicle’s auto-pilot feature was arrested for DUI after appearing asleep at the wheel. The lawyer argued that the driver’s reliance on technology mitigated their culpability.
Sobriety Checkpoint Errors: A checkpoint in Newark, for example, failed to follow proper procedures, leading to multiple DUI charges being dismissed due to constitutional violations.

What to Do If You’re Charged with DUI

If you are charged with DUI, taking the following steps can protect your rights and strengthen your defense:

Stay Calm and Cooperate: Be polite and comply with the officer’s requests, but avoid volunteering additional information.
Document Everything: Write down details about the traffic stop, including the officer’s behavior and any tests performed.
Contact a DUI Defense Lawyer: The sooner you secure legal representation, the better your chances of a favorable outcome.

Arrested for a DUI in New Jersey? Call Bramnick Law and Protect Your Future

A DUI charge can have life-altering consequences, but with the right legal representation, you can protect your rights and minimize the impact. The team at Bramnick Law is here to help. Call 866-845-5571 today to speak with a dedicated DUI defense lawyer who will fight for your future. From challenging evidence to negotiating reduced penalties, we’ll provide the guidance and advocacy you need. Don’t face this alone- contact us now to schedule your consultation. We represent clients in Scotch Plains, Essex Falls, Alpine, and the surrounding areas.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.