DWI

Video: What is Aggravated DWI

Aggravated DWI is a misdemeanor. If you are charged with it, you will most likely not be able to plead below a DWI misdemeanor. It has higher penalties and is considered a more serious crime than a regular DWI. An Aggravated DWI has criminal and civil penalties. If you have been arrested and charged with a DWI, our experienced DWI defense lawyers will work to protect your rights and fight on your behalf to help you avoid a serious criminal conviction. Call 800-889-3129.

 

Slideshow | How to Choose a DWI Defense Attorney

If you have been arrested or charged with a DWI offense, you may be facing serious consequences. Getting the help of a competent and experienced DWI defense attorney is in your best interest. To choose the right attorney, consider the experience, reputation and communication skills of the attorney. If you or someone you love is facing DWI charges, speak to our experienced DWI defense attorneys as soon as possible. We have the extensive knowledge, experience and skills to handle any DWI case. Call 800-889-3129.

DWI Defense Attorney

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Slideshow | Aggravated DWI

An Aggravated DWI has higher penalties, different plea-bargaining restrictions and is considered a more serious crime than a regular DWI. It carries criminal penalties and civil penalties. If you or a loved one has been arrested and charged with a DWI, you need to speak to our experienced DWI defense lawyers as soon as possible. Our DWI defense lawyers will work to protect your rights and fight on your behalf so you can avoid a serious criminal conviction. Call 800-889-3129.

Aggravated DWI

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Choosing the Right DWI Defense Attorney

Intoxicated driver

If you have been arrested or charged with a DWI, you may be facing serious consequences. Getting the help of a competent and experienced DWI defense attorney is in your best interest. However, choosing the right attorney can be challenging. The right attorney will play a major role in your case.

Here are a few tips to help you choose the right DWI attorney:

Experience: Choose an attorney who has extensive experience in DWI cases. A lawyer with many years of legal experience and a history of handling DWI cases successfully would be a great choice. You can look at reviews and testimonials from former clients when considering the attorney’s experience.

Reputation: You can learn about the attorney’s reputation by researching reviews, testimonials and publications. Choose someone who is respected by other lawyers and consistently receives referrals from clients.

Qualifications: Choose an attorney who is highly qualified and has extensive training in DWI law. You can review the attorney’s profile to see whether his or her qualifications are a good fit for the type of services you need.

Communication: Choose a lawyer who is friendly and easy to communicate with. A good lawyer will take the time to explain things in a manner that is easily understood.

Fees: Understandably, you may want to choose an attorney within your budget, but hiring an inexpensive or inexperienced attorney may ruin your case. Similarly, a lawyer with higher fees does not necessarily indicate quality. Choose an attorney who meets all your requirements and is within your budget.

If you or someone you love is facing DWI charges, speak to our experienced DWI defense attorneys as soon as possible. We have the knowledge, skills and experience to handle any DWI case. Our DWI defense attorneys will work to protect your rights and fight on your behalf so you can avoid a serious criminal conviction. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

 

Failing Field Sobriety Tests (FSTs) in New Jersey

DWI driving while intoxicated

When you get pulled over for suspicion of driving while intoxicated (DWI), you may be asked to submit two types of tests, a breath test and a field sobriety test (FST). It is important to be aware that you have the right to refuse a FST, although the refusal might result in an arrest. If you decide to submit to a FST, fail the test and are arrested as a result, it is in your best interest to consult with an experienced DWI defense attorney to help you.

Understanding the Field Sobriety Tests Used in New Jersey

The following are the three FSTs used in New Jersey that are validated by the National Highway Traffic Safety Administration (NHTSA).

  1. Horizontal Gaze Nystagmus Test – This test will check:
    • Lack of tracking in either left or right eye
    • Repetitive or uncontrolled movements in either eye prior to 45 degrees of movement
    • Involuntary eye movement in either eye at full deviation
    • Repetitive or uncontrolled movements in either eye when looking upward
  2. Walk-and-Turn Test – This test will check:
    • Balance
    • Starting and stopping time
    • Maintenance of heel-and-toe contact
    • Maintenance of the line
    • Manner and number of turns
    • Number of steps
  3. One-Leg Stand Test – This test will check:
    • Balance
    • Manner of hopping
    • Putting down the raised foot

If you or a loved one has been arrested for failing a FST, speak to an experienced DWI defense attorney as soon as possible.

At The Law Offices of Joel Silberman, LLC, we have the extensive experience, knowledge and skills to handle DWI cases. Our DWI defense lawyers will work hard to protect your rights and fight on your behalf to help you avoid a serious conviction. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

 

Aggravated Driving While Intoxicated

Intoxicated driver

Aggravated Driving While Intoxicated (DWI) is a category of DWI but has higher penalties, different plea-bargaining restrictions and is considered a more serious crime than a regular DWI. New York State enacted a new law in 2007 that created the Aggravated DWI charge.

Aggravated DWI is a misdemeanor. If you are charged with it, you will most likely not be able to plead below a DWI misdemeanor.

Criminal Penalties for Aggravated Driving While Intoxicated

First Aggravated DWI: A first DWI offense, regardless of the results of the Breathalyzer test, is considered a misdemeanor. An offender could be sentenced to a jail term of up to one year, with probation for an additional 3 years. He or she could also be charged a fine ranging from $1,000 to $2,500 and have his or her driver’s license suspended for up to a year.

The offender may also be required to attend a Victim Impact Panel, which is a program designed to help offenders understand the effects of DWI.
Second Aggravated DWI: If a person commits a second Aggravated DWI within 10 years of his or her first one, he or she can be charged with a Class E felony. The offender can be sentenced to a jail term of up to 4 years and face a maximum fine of $5,000. In addition, his or her license can be revoked for up to 18 months.
Third Aggravated DWI: A third Aggravated DWI in 10 years is treated as a Class D felony. The offender can be sentenced to a jail term of up to7 years and face a fine ranging from $2,000 to $10,000. The offender’s license can also be revoked for up to 18 months.

Civil Penalties

An Aggravated DWI also carries civil penalties which may include a $250 per year DMV assessment for three years and a $395 court surcharge.
The offender will be required to install an Ignition Interlock Device (IID) in his or her car during probation or the conditional discharge period. An IID is a mechanism to prevent drinking and driving. This device requires the driver to breathe into it so that it can analyze the blood alcohol level. If the level is high, the car won’t start. Once the device is installed, it cannot be removed for 6 months. All charges for installation and maintenance are the offender’s responsibility.

Contact Us

If you or a loved one has been arrested and charged with a DWI or Aggravated DWI, you need to speak to our experienced DWI defense lawyers as soon as possible. We have extensive knowledge and the necessary experience and skills to handle any and all DWI charges. Our DWI defense lawyers will work to protect your rights and fight on your behalf to help you avoid a serious criminal conviction. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

 

How to Avoid Getting a DWI or DUI

Drinking and driving

DWI or DUI is a traffic offense in New Jersey. The consequences of a DWI or DUI can be life-changing. The simplest answer as to how to avoid a DWI or DUI is to avoid drinking or being intoxicated in any way when driving. There are many other behaviors that you should do before, during and after a DWI or DUI stop that can prevent you from getting a DWI or DUI charge or at least lessen your charges.

Have Updated Documents Ready: If you are stopped and asked by a police officer to hand over your documents, be calm and hand your driver’s license, registration and proof of insurance to the officer.

Be Calm and Polite During Questioning: If the officer asks you if you have been drinking, politely answer. Be honest and calm. Do not be defensive or argumentative.

Field Sobriety Tests: New Jersey traffic laws allow police to ask drivers to step out of the car for any traffic stop. If this happens, do your best to stay calm and step out of your car. Try to maintain polite eye contact with the officer as he or she will observe you for any indications of intoxication including bloodshot eyes, the smell of alcohol or the inability to maintain your balance.

Roadside Breath Tests: If you are requested to breathe into a Breathalyzer to determine your Blood Alcohol Content (BAC), you should do it. The state of New Jersey is an implied consent state, which means that you gave your consent to be tested when you accepted your driver’s license. However, you can still request a more reliable test instead of the roadside test. It is then up to the officer to decide whether to take you into custody for refusal to take the test.

Contact an Experienced Attorney

Criminal attorney Joel Silberman can help you if you have been accused of a traffic offense in New Jersey. When you receive a ticket for a traffic violation, you can choose to fight back with the help of the Law Offices of Joel Silberman, LLC.  Mr. Silberman has extensive experience in defending clients accused of traffic violations and offers skilled and experienced legal representation throughout New Jersey. We will provide an aggressive defense and keep you informed regarding your case. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

 

Penalty for a DUI Charge

Penalty for a DUI Charge

Like any other criminal charge, a person charged with driving under the influence (DUI) is presumed innocent until he/she is proven guilty. If you are found guilty, the penalty will depend on the state law, as well as on any other circumstances, e.g., if there was an open bottle of liquor in the car; and your cooperation with the police. The following are the penalties for a DUI charge:

Jail Time

In all states, first-offense DUI is a misdemeanor, and punishable by up to six months in jail. This jail time can be increased under certain circumstances. In some states, if the blood-alcohol content at the time of arrest was very high and crossing the legal limit of 0.08%, the punishment can be more severe.

In most states, a minimum jail sentence of at least several days on a first offense is required. Subsequent offenses will result in a jail sentence of several months to a year.

For a DUI that is a felony because either the driver killed or injured someone, or because it’s your third or fourth DUI, a jail sentence of several years can be given.

Fines

Courts also impose high fines for a DUI in addition to a jail sentence. This can range from $500 to $2,000.

License Suspension

Your license can be suspended for a considerable period of time. In many states, a first time offender’s license can be suspended for 90 days. A second time offender’s license can be suspended for one year; and a third time offender’s license can be suspended for three years. If you refuse to take a blood, breath, or urine test, it can result in license suspension. In some states, if you are a repeat offender, you may not be allowed to get back on the road. Your registration can be canceled temporarily or permanently and the state may confiscate your car.

Young Offenders

In most states, the legal drinking age is 21. A minor who is arrested for driving while under the influence will not get any respite from punishment. Adult sentences on minors can be imposed, and their license suspended for one year.

Other Forms of Punishment

In many states, a court sentence may include alcohol education and prevention programs, rehabilitation for alcohol abuse, assessment of a person for alcohol or drug dependency, and community service or victim restitution. If you are a first time offender, these programs can be recommended instead of jail time or paying fines.

Other Consequences

Your insurance company may also cancel the insurance policy or increase the rates because of the mark on the driving record. A DUI charge stays on a person’s driving record for many years. If your license is suspended, the insurance company may cancel the insurance policy.

Get in Touch with Defense Lawyer from The Law Offices of Joel Silberman, LLC

After being convicted under DUI charges, you can still protect your rights. You have the right to contact your DUI defense lawyer. We will work to protect your rights, and fight on your behalf to avoid a serious criminal conviction. Get in touch with The Law Offices of Joel Silberman, LLC You can call us at (800) 889-3129 or email us at joel@joelsilbermanlaw.com.

 
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