Do I Need a DUI Lawyer?

Arrested for N.J.S.A. 39:4-50

Many people who receive a speeding ticket in New Jersey simply pay it and chalk the event up to their lead foot. In the case of drug or alcohol-related traffic citations, however, you may want to think twice about leaving the charges on your record as-is. It may be possible to reduce the amount and severity of the penalties for driving under the influence. Driving Under the Influence of Drugs (DUID) is considered a Motor Vehicle violation in the State of New Jersey and is prosecuted in much the same way as drunk driving. Partner, Carmine R. Villani is a trained DUI / DWI attorney and has also been trained in the similar manner as the police Drug Recognition Expert (DRE). Mr. Villani is also trained on standard field sobriety testing used by law enforcement to formulate an opinion as to whether a drive may be impaired.

Do you need a DUI Lawyer?

Examining the Situation:

Do I Need a DUI Lawyer?

Whether this is your first second or third offense, for violation of (N.J.S.A. 39:4-50), an experienced DWI attorney may be able to garner you an acquittal or otherwise help reduce the severity of your sentence. This is a very specialized field and not consulting with an experienced DWI attorney would be big a mistake. Other issues to be considered would be:

  • Simultaneous charges for reckless driving
  • Blood alcohol level
  • Types of drugs
  • Property damage
  • Having minors in the vehicle
  • Behavior of driver during the arrest
  • Did the police use a DRE
  • Was a DRE available
  • Is there evidence of drug use
  • Were drugs confiscated and was there a legal search

DUI Penalties

For a first conviction, offenders are fined an amount not less than $300 nor more than $500 and they are detained for 12 to 48 hours in the IDRC program; the loss of license for a first offense ranges from seven(7) months to One (1) year. If a person is arrested for driving under the influence of drugs for second DWI violation, these penalties increase to a $500 to $1,000 fine and jail time not less than 48 hours, but no more than 90 days. The loss of license for a second offense is two (2) years; A third DWI  or subsequent violation would result in serving no less than 180 days in a county jail and paying $1000 in fines. The loss of license for a third offense is ten (10) years. An offense for DUI and DWI as it relates to second and third offenses are the same regardless of whether your prior offenses related to alcohol or drugs

Understanding Your Options

If you choose not to hire a DUI attorney for a first offense, you may need to accept all charges and consequences as given. This is rarely a good idea as a good DUI defense attorney will be in a position to challenge the states case and obtain the best possible outcome available under the facts of your specific case.

Working with an attorney can help you navigate the court system and educate and assist with the additional administrative procedures. In addition, your DUI lawyer may be able to make plea bargains away many of the other non DWI related charges such as reckless driving, failure to maintain lanes, speeding, careless driving and any other motor vehicle charge which may have been included in your arrest. Similar to drunken driving cases, driving under the influence of drugs cases are prosecuted with circumstantial evidence. An experienced lawyer can help you make sure the judge sees your case in the best light possible under the circumstances. If a trial is necessary then only an experienced DUI/DWI lawyer will understand the procedures specific to this highly specialized area of law.

Hiring a DUI Lawyer

Will these charges stay on my record permanently? Will a DUI affect my chances at finding another job? Do I need a DUI lawyer? For help answering these legal questions and more, contact the NJ law firm of Villani & DeLuca P.C. for a free consultation. We have experience handling DUI cases throughout the state of New Jersey. Driving under the influence of drugs is an extremely serious offense that carries severe consequences, so it’s critical to have a skilled New Jersey defense attorney fighting for your rights by your side. Carmine R. Villani, Esq., founding partner of Villani & DeLuca, P.C., is a former Municipal Prosecutor and has experience in both the prosecution and defense of DWI, DUI and refusal charges in New Jersey.

For your free initial consultation, contact us online or call 888-389-9533.