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Lodi DWI Lawyers

• Luciano, Frank: Drunk Driving and DWI ThereÕs no question that drunk driving (DUI or DWI) is a serious problem in our nation. In 2004 alone, there were 16,694 alcohol-related fatalities. But since the inception of anti-drunk driving campaigns such as MADD in the early eighties, the number of total fatalities in drunk driving crashes (with at least one driver having a BAC of .08 or higher) has dropped by 36 percent (MADD website). To show the difference more clearly, there were 26,173 fatalities in 1982. And that difference extends to most states, including New Jersey. In 1994, there were 270 alcohol-related fatalities, compared to 622 in 1982. This kind of aggressive campaigning against drunk driving is good. ItÕs saving lives. But what happens if it goes too far? What happens if your constitutional rights to defend yourself, to be innocent until proven guilty, to have a hearing in front of a jury of your peers, to not be punished excessively are waived in favor of an aggressive approach to curbing drunk driving? That kind of environment exists in the state of New Jersey at the moment, to the extent that hte law is slowly whittling away peopleÕs ability to intelligently and effectively defend themselves in drunk driving cases. The hostile atmosphere for even first-time offenders means that, without legal help, itÕs almost impossible to clear your name or to avoid potentially devastating economic consequences. The penalties that come with conviction are staggering, as outlined by New JerseyÕs Motor Vehicle Commission. First-time offenders with a BAC higher than 0.08% but less than 0.10% face: * up to 30 days in prison, * 12-48 hours detained in an Intoxicated Driver Resource Center (IDRC), * 3 month driverÕs license loss (with no hope for a Òhardship licenseÓ that would grant the ability to drive to and from work or school), * an ignition interlock device installed in the car, * fines ranging from $250-$400, * and an additional $3,000 fine to be paid in $1,000 increments over the next three years. If the BAC is over 0.10%, the fine increases, and the driverÕs license is revoked for 7 to 12 months. For second or third offenses, the penalties continue to mount. If stopped in a school zone or in a location where children are present, there are further penalties, including up to 60 days in prison and a loss of license for 2 years. Despite all of this, drunk driving in New Jersey is not a Òcrime.Ó It is a traffic offense. Unfortunately, itÕs one that can never be expunged from your records. Moreover, the current legaland social environments are working very hard to ensure that a conviction result in significant repercussions. The progression of the law in this area as expanded the definitions of basic tenets used to charge and covict someone with a DUI or DWI offense. Resultantly, it has become exceedingly difficult to mount a defense against these charges. For example, the definition of Òoperation of a motor vehicleÓ includes instances such as sleeping in the vehicle with the engine off but the key in the ignition. Being Òunder the influenceÓ includes being affected by alcohol or drugs or a combination of the two, even if the drug was prescribed. To establish evidence of Òinfluence,Ó police officers use three categories: scientific tests (looking at breath, blood, or urine), demeanor, and opinion. ItÕs important to note that you can be convicted of a DWI or DUI offense based on just one of these categories. If, for example, you have been driving erratically because you are tired and, when the police officer talks to you, you respond with slurred speech (perhaps the result of exhaustion, anxiety, a speech impediment, etc.), you could be charged with a DWI based solely on your demeanor. If you donÕt fight the charge, even though you were not technically Òdrunk,Ó you would potentially face a cconviction for the offense and its serious consequences. In order to substantiate his or her assessment, a police officer will require that you take a breath test. In the state of New Jersey, you implicitly agree to provide a breath test the moment you receive your license. You cannot refuse to take a breath test for any reason. You may, in fact, be convicted of a Refusal Offense and face additional fines, additional loss of your driverÕs license, and other penalties if you attempt to refuse or even delay the administration of the breath test. Given these facts, itÕs a daunting task to fight a DWI/DUI offense. If faced with such a charge, you should immediately contact an attorney familiar with the laws related to drunk driving charges