Driving Under the Influence

In New Jersey, it is against the law to operate a motor vehicle with a blood alcohol concentration of 0.08% or more. If a person’s blood alcohol concentration is greater than 0.10%, the penalties are more severe. A DUI offense is a motor vehicle offense by law and not a criminal offense in New Jersey. If you are found guilty or plead guilty to a DUI, the offense will remain on your driving record permanently. However, since it is not a criminal offense in New Jersey, the DUI will not show up on a criminal background search.

New Jersey has very strict penalties for DUI offenses, and it is a very costly offense with fines, surcharges, and fees. In addition, there are secondary costs, such as an increase in car insurance rates. The New Jersey Supreme Court has also ruled that there are no plea agreements permitted in DUI cases, which means that the municipal court judge cannot allow the DUI offense to be downgraded to a different charge in return for a guilty plea. However, it is important to be represented by counsel if you are charged with a DUI because the attorney can ensure that the traffic stop was legal and that the blood alcohol concentration readings are accurate and obtained in the proper way. Finally, an attorney can negotiate for other charges in addition to the DUI to be downgraded or merged into the DUI and make an argument for the minimum sentence.

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