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DUI Law and DUI Attorney in New Jersey


DUI is strictly prohibited in the state of New Jersey under statutory law. Any individual can be arrested and convicted for DUI on two possible accounts, if s/he is driving in a strange pattern due to impairment or, if the BAC (Blood alcohol concentration) limit exceeds the legal limit set at 0.08% for non-commercial drivers.

A DUI attorney should be hired rather than any lawyer since the law against DUI is quite strict and hard to beat.

For minors (people below the age of 21), the state has set a legal limit of 0.01%, which if exceeded will carry penalties and an immediate license suspension. Tests to determine DUI are carried by law enforcing officers who investigate a motorist after stopping the vehicle on “probable cause”. They can do this by FST’s (field sobriety tests) or general motor skills test and the most result orientated method of chemical testing i.e. BAC, which shows the alcohol content in the blood stream of the motorist.

If the driver refuses to be chemically tested by blood, breath or urine, this can be held as guilt in court of trial and will lead to serious license consequences imposed by court apart from the routine penalties. In New Jersey, a jury trial is not an available procedure. So the decision is that of a judge to find the person guilty or not. Another element that makes the DUI law in New Jersey different from other states is that no pre-trial license implications are made here.

Penalties for DUI by the courts of New Jersey can include fines and jail time, and an ignition interlock system to prevent further DUI from the same person, that is why most people charged must hire a DUI attorney in the state of New Jersey.

DALA Staff Writer
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