Under New Jersey law, a blood alcohol level of 0.08% constitutes being “over the limit.”

What can you do to prevent getting pulled over for drunk driving?

1)      Don’t risk it. If you plan to drive, don’t drink.

2)      Choose a designated driver.

3)      Take mass transit, a taxicab or ask a friend to drive you home if you didn’t plan in advance.

4)      Spend the night where the activity is being held.

Don’t become a statistic  ̶  In 2009

• 8,976 people 21 to 34 years old were killed in motor vehicle traffic crashes. Of those, 47 percent (4,206) were killed in alcohol-impaired driving crashes.
• Alcohol impairment among drivers involved in fatal crashes was four times higher at night than during the day (37 percent versus 9 percent).
• Thirty-one percent of drivers involved in fatal crashes on weekends were alcohol-impaired, compared with 16 percent during the weekdays.
• 32 percent of fatalities in motor vehicle traffic crashes involved drivers or motorcycle riders with BACs of .08 or above — an average of one fatality every 48 minutes.
• The percentage of drivers with BACs of .08 or above involved in fatal crashes was highest for motorcycle riders (29 percent), followed by drivers of light trucks (23 percent) and passenger cars (23 percent).
• Forty-three percent of the 2,291 motorcycle riders who died in single-vehicle crashes had BACs of .08 or above.
• The age groups of 45 to 49 and 40 to 44 had the highest percentages of impaired (BAC of .08 or higher) motorcycle riders killed in fatal crashes — 41 percent and 38 percent, respectively.

Are Sobriety Checkpoints Legal?

The U.S. Supreme Court in 1990 (Michigan v. Sitz) upheld the constitutionality of sobriety checkpoints. The Court held that the interest in reducing alcohol-impaired driving was sufficient to justify the brief intrusion of a sobriety checkpoint. If conducted properly, sobriety checkpoints do not constitute illegal search and seizure in most states.

What are the consequences of a DWI conviction in New Jersey?

New Jersey DWI FAQs

If you or someone you know has been charged with a DWI in New Jersey, contact the New Jersey DWI Lawyers at Garces & Grabler, P.C.

Bookmark It

Hide Sites

DUI and DWI are serious charges that can follow you for the rest of your life. You may face losing your driving privileges, as well as countless fines and surcharges, and even increased automobile insurance rates. On a personal level, you could be passed over for a job you want, or you may not be approved for a loan, since lenders will most likely judge your character based on your actions.

When choosing a lawyer to represent you in a New Jersey DUI case, it’s important to choose a New Jersey lawyer who specializes in New Jersey DUI and DWI cases. A specialist NJ DUI lawyer will ensure that your rights are protected; he or she will be able to find ways to exclude evidence that may result in a dismissal of your DUI or DWI case in New Jersey.

As part of your NJ DUI defense, your New Jersey DWI attorney look into the details of your case and consider many variables that could get your case dismissed. These variables include finding out if you were illegally stopped, if the breath test machine was not properly operated, or if the arresting officer failed to read the implied consent warning.<p>Every New Jersey DWI charge is unique, so the variables your NJ DUI lawyer considers are also unique. Remember to be completely honest with your New Jersey DWI attorney. Complete honesty is the best way to help your NJ DUI lawyer to prepare the best DWI defense for you.

Contact the NJ DWI Lawyers at Garces & Grabler, P.C.

Bookmark It

Hide Sites

“Any time you drink and drive, you are putting yourself, your family and the public at large in great danger. There is just no excuse to drink and drive,” Attorney General Paula T. Dow said. “Having just one drink can impair your judgment and slow your reaction time, which can lead to disastrous consequences.”

“Over The Limit, Under Arrest” is a concentrated national effort that helps raise awareness about the dangers of drunk driving through high-visibility enforcement and public education. The initiative was launched in 1999 as a program aimed at combating drunk driving during the summer months – one of the busiest travel times of the year.

The Division of Highway Traffic Safety offers the following advice to ensure a safe summer travel season for those who choose to drink alcohol this summer:

• Take mass transit, a taxi or ask a sober friend to drive you home.
• Spend the night rather than get behind the wheel.
• Report impaired drivers to law enforcement. In New Jersey, drivers may dial #77 to report a drunk or aggressive driver.
• Always buckle up, every ride, regardless of your seating position in the vehicle. It’s your best defense against an impaired driver.

If you’re intoxicated and traveling on foot, the safest way to get home is to take a cab or have a sober friend or family member drive or escort you to your doorstep.

If you have received a DWI contact the New Jersey DWI lawyers at Garces & Grabler, P.C.

Bookmark It

Hide Sites

My first advice is don’t drink and drive in New Jersey or any other state, period. This can be accomplished by having a designated driver agree not to drink, thereby getting you and your friends home safely without endangering the lives of others.  If you do that you will always beat a DWI in New Jersey. However if you have already been charged with a DWI it is important that you get a qualified and experienced New Jersey DWI lawyer.

Not only will you lose your driving privileges if convicted of a DWI in New Jersey, you could also face time in jail on a second or subsequent offense. Also, the additional insurance costs and MVC or DMV surcharges alone if convicted of a DWI in New Jersey will cost several thousands of dollars, and/or cancellation of your insurance.

At Garces & Grabler, P.C. our New Jersey DWI lawyers can help.

Here are a few examples of how our New Jersey DWI  lawyers and our defense team will fight to exclude evidence from your case that may result in a dismissal of your DUI or DWI charge in New Jersey:

• You were illegally stopped
• The Field Sobriety Tests do not reliably indicate that there was even probable cause to arrest you to compel submissions to breath testing
• Breath test operator was unlicensed or had expired license
• The officer failed to read the Implied Consent Warning
• Breath test machine was not properly operated
• There were errors with the new Alcotest 7110 MKIII-C machine as documented in its embedded memory systems
• There was a language barrier and you did not understand that the officer advised you that you had the right to obtain an independent blood/urine test
• The alcohol reading was contaminated by asthma spray, cough drops, paint, fingernail polish (all of which contain alcohol)
• You were physically forced to give blood or urine
• A refusal charge only applies to breath testing and not to the refusal of giving blood or urine
• Videos and/or dispatch tape(s) do not show that you were intoxicated
• Prosecution failed to provide our DUI defense lawyers with complete discovery (all of the investigations/reports on your case)
• Court failed to provide a speedy trial

Frequently Asked Questions About DWI/DUI

What is “blood alcohol concentration”?

Can I refuse a Breath Test?

Are Breath-Test results always accurate?

What if I lose my license from a DWI or Refusal conviction but continue to drive?

What is the punishment for drunk driving?

How can I get to work if I cannot drive?

If I simply intend to plead guilty, why do I need a lawyer?ave the experience

If you have been charged with a DWI in  New Jersey, at the law offices of Garces & Grabler, P.C. we  have  experienced and qualified New Jersey DWI lawyers ready to help win your case. We  have 7 law offices throughout New Jersey.

Call now to make an appointment. 1-866-951-8387

New Jersey DWI Lawyers

Bookmark It

Hide Sites

The move comes in response to a request by four U.S. Democratic senators — Frank Lautenberg of New Jersey, Charles Schumer of New York, Harry Reid of Nevada, and Tom Udall of New Mexico – in a letter asking Apple, Google and RIM to either disable or stop selling downloadable applications that allow iPhone and iPad, BlackBerry and Android operating systems to identify locations of local police DUI crackdowns.

Source: USA Today

Get the whole story here

If you or someone you care about has been affected by Drinking and Driving in New Jersey, contact the New Jersey law firm of Garces & Grabler, P.C. for a free consultation.

If you have received a DWI contact the New Jersey DWI lawyers at Garces & Grabler, P.C.

We have 7 convenient law offices in New Jersey.

Bookmark It

Hide Sites

The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that “in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.”

The right only applies to criminal prosecutions, not civil cases or other proceedings.

In the recent New Jersey DWI case of State v. Rehmann, the municipal court judge rejected the defendant’s claim of a violation of the Confrontation Clause and found the defendant guilty of DWI. At the trial, Mr. Maxwell, the witness called to testify about the defendant’s Blood Alcohol Content (BAC), was not the person who had performed the actual testing, but had observed another chemist, Major Mitchell, examine the defendant’s blood sample, using a gas chromatograph. Major Mitchell was being retrained at that time, and required supervision; Mr. Maxwell signed the laboratory report, certifying the accuracy of the testing.

To satisfy the Confrontation Clause, the state must provide a witness who has made an independent determination as to laboratory tests or other scientific results offered. In this case, Mr. Maxwell satisfied this provision.

This information has been brought to you by the New Jersey Drunk Driving Lawyers at Garces & Grabler, P.C.

Contact a New Jersey Drunk Driving Lawyer

Drunk Driving FAQs

Bookmark It

Hide Sites

On May 4, 2011, The Appellate Decision agreed with a Law Division ruling that for a commercial driver to be convicted of Refusing to submit to a breath test, that CDL driver must be charged under the relevant CDL Refusal statute, as opposed to the general refusal statute applicable to customary driving privileges.

As commercial drivers are professionally trained to operate heavy and more dangerous equipment, so too they bear the burden of more severe consequences when convicted of a DWI offense.

The initial difference between the relevant statutes lies in the Blood Alcohol Content level that creates a presumption of guilt if admitted into evidence against a defendant.  While the customary allowable BAC limit is below .08, commercial drivers must maintain a BAC of under .04.

Furthermore, both a conviction and/or a Refusal culminate in extensively longer periods of a suspension of driving privileges, including a PERMANENT loss of a CDL on a 2d offense DWI conviction.  For a CDL, loss of license equates to loss of a vested career.

The importance of this recent decision is that the Court now fully describes these enhancements, and determines that fairness should prevent the State from merely utilizing the customary Refusal warnings.  These warnings may not include a full advisory of the consequences to a CDL suspect.

The DWI and Refusal statutes for CDLs are not merely lesser included offenses of the customary DWI and Refusal statutes, and should not be relegated as such.

NJ DWI Lawyer
Jonathan A. Kessous, Esq.
Of the law firm of  Garces & Grabler,  P.C.

Bookmark It

Hide Sites

Guilty of DWI

To be found guilty of a DWI, the Municipal Prosecutor must prove each element of the offense beyond a reasonable doubt. Conversely, the Defendant does not have to prove their innocence.

A DWI case usually begins with a motor vehicle stop. The Police Officer must observe the Defendant drive in a manner that reveals a reasonable suspicion that the driver is operating the motor vehicle in a manner that would indicate they may be under the influence. Being under the influence can be achieved through the consumption of intoxicating liquor, narcotic or hallucinogenic. There are two methods that the State utilizes to obtain convictions.  Primarily, the Municipal Prosecutor must prove that the Defendant’s blood alcohol concentration (BAC) is a .08% or more via a breath or blood test.

After a motorist is pulled over by Police, they are usually required to perform certain field sobriety tests. Some of the most common field sobriety tests required to be performed are screening tests such as Alphabet Test or Counting tests, followed by the HGN, One Leg Stand and the Walk and Turn. If the Police Officer deems a motorist’s performance is poor, they are usually arrested and transported to the Police Station for furthering testing. Upon arrival, the motorist is typically required to submit to a breath Test. The Alcotest will usually indicate how much alcohol is present in your bloodstream. That is the aforementioned BAC.

Refusal to Submit to a Breathalyzer

Any person licensed to drive in the State of New Jersey is deemed to have given his consent to the taking of samples of their breath for the purpose of making chemical tests to determine the BAC. If a motorist refuses to submit to testing, they can still be charged with a DWI and will subject themselves to an additional serious charge known as a Refusal. Refusal to Submit to a Breathalyzer falls under N.J.S.A. 39:4-50.4a. A Refusal to Submit to a breath test carries with it serious consequences. If an individual is convicted of a Refusal he/she faces a monetary fine of up to $500, no less than 12 hours but no more than 48 hours at the Intoxicated Driver Resource Center and shall forfeit their right to operate a motor vehicle for a period of not less than 7 months but no more than 1 year. Now, these penalties can be imposed to run “consecutive”, or in addition to, penalties arising out of the DWI.

The Criminal Defense Unit at Garces & Grabler, P.C. consists of  licensed New Jersey attorneys who are highly experienced in representing Defendants throughout the various municipalities within the State of New Jersey for both Driving While Intoxicated and Refusal to Submit to a Breathalyzer infractions.  With 7 fully staffed offices throughout the State, a defendant gains the advantage of “local” experienced attorneys.  At Garces & Grabler, P.C., our attorneys will litigate every aspect of your respective DWI case from the probable cause of the motor vehicle stop to the actual accuracy of the breath test.

Our attorneys have successfully challenged the procedures and methods employed by the Police Officers involved, ranging from our clients’ performance of the Field Sobriety Tests, whether or not the Alcotest was properly performed and whether or not the BAC levels are within acceptable tolerance as required by Supreme Court case law, State v. Chun, a case where our office had been directly involved. Throughout the years, our Criminal Defense Unit has successfully prevailed at Trial, while in other cases, had substantially reduced our clients’ revocation periods by discovering technical deficiencies within the State’s case.

For more information about New Jersey DWI, see our DWI FAQs.

To find out how we have helped others with their DWI charges, see our Most Recent DWI Successes.

If you’ve been charged with a DWI in New Jersey, it’s important to contact a New Jersey DWI Lawyer as soon as possible to protect your rights.

Bookmark It

Hide Sites

Consequences of DWI in New Jersey

One of the most serious traffic infractions that an individual can be charged with is Driving While Intoxicated, otherwise known as a DWI. Driving While Intoxicated falls under N.J.S.A. 39:4-50 and carries with it serious consequences.

1^st Offense of DWI

If an individual is convicted of a DWI for a first offense, they:

• face a monetary fine up to $825
• face a term of imprisonment of not more than 30 days
• face no less than 12 hours but no more than 48 hours at the Intoxicated Driver Resource Center (IDRC – mandated alcohol management classes)
• shall forfeit their right to operate a motor vehicle for a period of not less than 7 months but no more than 1 year

2^nd Offense of DWI

Unfortunately, some individuals are charged with a subsequent Driving While Intoxicated. If a motorist is charged with a 2^nd DWI infraction, they are subjected to more severe consequences, some of which are non-negotiable.

If an individual is convicted of a 2^nd DWI, they:

• face a monetary fine up to $1,000
• shall be ordered to perform community service for a period of 30 days
• sentenced to at least 2 and up to 90 days Jail, which cannot be served through probation, nor suspended

Furthermore, the Defendant shall forfeit their right to operate a motor vehicle for a mandatory period of 2 years.

In addition, for a 2^nd violation of DWI an individual shall be required to install an ignition interlock device. More information about ignition interlock devices can be found on our website.

3^rd Offense of DWI

An individual who is charged with a 3^rd Driving While Intoxicated faces extremely dire penal consequences. If an individual is convicted of a 3^rd DWI, they:

• face a minimum monetary fine of $1,000
• shall be sentenced to a term of 180 days in County Jail (of which 90 days must be served prior to making application to serve remaining 90 days at an IDRC approved inpatient alcohol rehabilitation)
• and shall forfeit their right to operate a motor vehicle for a mandatory period of 10 years

In addition, for a 3^rd or subsequent violation of DWI an individual shall be required to install an ignition interlock device.

If you or someone you know has been charged with a DWI in New Jersey, contact the New Jersey DWI Lawyers at Garces & Grabler, P.C.

Bookmark It

Hide Sites

In the case of State v. Rodriguez-Alejo , A-0815-09, the defendant was not read the main part of the breath-testing instructions in his own language, Spanish. In addition, the warning about refusal consequences was not read at all after he agreed to the test, provided samples, but same were insufficient to obtain a reading.

The March 25 ruling was based on two decisions last year that expanded and clarified drunken-driving suspects’ rights. The first decision, State v. Marquez , A-35-09, on July 14, required test instructions to be linguistically understandable to the driver. However, the retroactivity was not an issue with State v. Schmidt , the second decision, decided on July 1, because it “simply clarified that supplying an insufficient breath sample is treated the same as a refusal, as long as the driver is given an additional warning about refusal penalties,” the New Jersey Law Journal reports.

Furthermore, the Supreme Court also just heard arguments this week concerning the Appellate Division’s decision in Schmidt, so the legal requirement to read the additional Refusal warning under the circumstance of providing breath samples, though possibly unintentionally insufficient to obtain a reading, is still in flux.

Under the Marquez decision, non-English speaking drivers accused of being processed during a drunk driving arrest must present reliable evidence they did not understand the English instructions. According to Appellate Division Judge Ellen Koblitz, Mr. Rodriguez-Alejo, who was arrested about 11 months after he arrived from Cuba and worked two jobs with Spanish speaking supervisors, met that requirement.

NJ DWI Lawyer
Jonathan A. Kessous, Esq.
Of the law firm of  Garces & Grabler,  P.C.

Bookmark It

Hide Sites