DWI

How Our Attorneys Can Help You Fight DWI & DUI Charges

The attorneys at The Law Offices of John F. Marshall are focused on defending you from DWI & DUI charges. We’ve developed a team with the skills and knowledge to help our clients fight DWI & DUI charges. We bring our experience to every client we represent.

A few of our qualifications include:

• 200 years of combined experience defending those charged with DWI & DUI. Our lawyers have worked as prosecutors and public defenders on a wide range of DWI & DUI cases. We have the experience and knowledge to get the job done.
• Five of our attorneys are certified to operate the Draeger Alcotest 7110 MKIIIC alcohol breath test. This is the official breath test machine used by New Jersey authorities and is a rare distinction held by DWI defense attorneys. We are also certified in the Draeger Alcotest 9510 device, which has recently been rolled out in Monmouth County and may eventually become the new standard.
• Five of our lawyers are certified in Standardized Field Sobriety Testing, the testing techniques used by police to show intoxication when other methods fail or aren’t available.

When our DWI & DUI lawyers are on a case, we can:

• Work quickly to protect you and your case. Don’t wait to get professional help after you’re charged with a DWI. Every moment counts, and our DWI & DUI lawyers near you can step in to help protect you. Our attorneys have decades of experience representing those charged with DWI, and they know what it takes to fight a charge.
• Fight to get you released on your own recognizance or with the lowest bail possible. Many people don’t realize that bail can be reduced or limited to your word (your own recognizance) that you’ll appear in court as needed. Our dedicated DWI & DUI lawyers know the system and what it takes to reduce the cost of bail or eliminate it entirely. If you’re being held on a DWI charge, get the help you need.
• Examine the evidence. A DWI can involve many pieces of evidence, from officer testimony to breath tests and field sobriety tests. We’ll look at the evidence and put it to the test. Our lawyers will work to find flaws in the evidence and any inconsistencies that could cast doubt on the charges.
• Work to get the charges reduced or dismissed. While DWI cases can’t be plea bargained in New Jersey, prosecutors can reduce or dismiss a charge if the evidence doesn’t add up. With decades of experience, we’ll fight to get your charges dropped or reduced.
• Advocate for you every step of the way. After a DWI charge, you may need to go to court. If you do, we have your back. We’ll work tirelessly to craft a legal strategy, fight questionable evidence, and strive for the outcome you deserve. If a conviction cannot be avoided, we’ll fight for the minimum possible sentence.

Our nearby NJ lawyers understand what a DWI or DUI conviction means and how it can impact your entire life. DWI convictions can cost you hard-earned money in fines, cost you job opportunities, send you to jail, and go on your record, meaning that they can follow you around for years.

If you’re charged with a DWI in Monmouth County, get legal representation as soon as you can. The sooner you can get the legal help you need, the better. The experienced DWI & DUI attorneys at The Law Offices of Jonathan F. Marshall take pride in the skill, knowledge, and hard work they bring to every case. Contact us today to discuss your case.

What You Need to Know About Field Sobriety Tests

Law enforcement often use field sobriety tests before an alcohol breath test to determine if a driver is under the influence of alcohol. Three of these tests have some ability to detect intoxication: the walk and turn test, the one leg stand test, and the horizontal gaze nystagmus test. Police must perform these tests in the appropriate manner for them to be effective.

Unfortunately, police often administer these tests poorly, leading to false positives. Flashing lights, physical and emotional tension, inadequate instructions, and many other causes can interfere with the tests and their accuracy.  Even if they are properly administered, there is little research that backs up the effectiveness of these tests.

The tests and their problems include:

• The walk and turn test and the one-leg test may show the coordination and balance of a driver. There are several known problems that police must address when conducting this test. Police must give clear instructions over the surrounding road noise because miscommunications can lead the accused to do the wrong thing. Physical problems such as inner ear issues and joint problems can affect balance. Certain medications may affect balance as well.
• The horizontal gaze nystagmus test is a test of a driver’s eye motions. When a driver has a high blood alcohol concentration, their eyes may not be able to track objects effectively and may jerk to the side when tracking an object. Several medical problems, including inner ear issues, can cause a false positive on this test. Even excessive caffeine intake can manifest this condition. Police often use the test to establish probable cause for an individual’s arrest, even though there are many known problems with it.

Penalties for DWI & DUI in New Jersey

New Jersey has serious penalties for DWIs. A conviction, even your first one, may result in huge fines and possible jail time. Penalties scale depending upon the level of alcohol in the blood and the number of prior convictions. Penalties include:

First offense, blood alcohol concentration (BAC) is between .08% and .10%:

• A fine of no less than $250 not more than $400.
• A minimum of 12 hours of time in jail.
• Additional fees totaling several hundred dollars. ($100 to the Drunk Driving Enforcement Fund, a Motor Vehicle Commission restoration fee of $100, an Intoxicated Driving Program fee of $100, a Safe and Secure Community Program fee of $75, and a Violent Crimes Compensation Fund fee of $50.)
• Two 6-hour classes at the Intoxicated Driver Resource Center.
• Up to 30 days in prison.
• License suspension for three months.

First offense, BAC above .10%, or driving while using narcotics, hallucinogens, etc.:

• A fine of not less than $300 nor more than $500.
• A minimum of 12 hours of time in jail.
• Additional fees totaling several hundred dollars.
• Two 6-hour classes at the Intoxicated Driver Resource Center.
• Up to 30 days in prison.
• License suspension for 7 months to a year.
• Automobile insurance surcharge of $1,000 a year for three years.

Second offense:

• A fine of not less than $500 nor more than $1,000.
• Additional fees totaling several hundred dollars.
• Community service for a period of 30 days.
• At least 48 hours and up to 90 days in jail.
• License suspension for a minimum of 2 years.
• Required installation of an ignition interlock device after license suspension ends.
• Automobile insurance surcharge of $1,000 a year for three years.

Third offense:

• A $1,000 fine.
• Additional fees totaling several hundred dollars.
• Six months or more in prison.
• Community service for a period up to 90 days.
• License suspension for 10 years.
• Required installation of an ignition interlock device after license suspension ends.
• Automobile insurance surcharge of $1,500 a year for three years.

Other penalties apply if the DWI occurs in a school zone. Additionally, if the DWI occurred while transporting a minor under 17, the defendant may be charged with a disorderly persons offense, carrying further penalties and fines.

Common Defenses to DWI & DUI Charges in New Jersey

If you’re charged with a DWI, there may be several defenses available. An experienced DWI & DUI charges lawyer near you can evaluate your case and advise you on your options.

Common defenses include:

• There was no probable cause for your stop. Police are required to have probable cause for stopping someone, that is, reasonable grounds for pulling someone over. If police observe certain behaviors such as swerving, other indicators of intoxication, or traffic violations, they may have reasonable grounds for the stop. A DWI defense lawyer will look at the reasons and evidence for why a police officer pulls someone over in the first place.
• Lack of cause for an intoxication arrest. After the stop, the officer will need to show proper evidence for a DWI arrest. This can include field sobriety tests and breath tests to show intoxication. If probable cause did not exist, then the DWI charge can be challenged.
• Improperly administered tests. Field sobriety tests and breath tests all have their problems. Errors in administration and testing can easily lead to invalid results. One common way of defending against a DWI is to challenge the accuracy of these tests. Police can easily administer field sobriety tests incorrectly, leading to poor results for the accused. Breath tests can be significantly affected by food, medications, and other factors that can provide an inaccurate result.
• Failure by police to advise defendants of their Miranda rights. When you’re under arrest, police must advise you of your Miranda rights. These rights include the right against self-incrimination. If police don’t advise a defendant of these rights during the arrest process, then self-incriminating statements by the defendant cannot be used as evidence against them.

These and many other defenses may be available in your case. A lawyer can review your case and advise you on the best course of action for your defense as you move forward. If you’ve been charged with a DWI, speak with a DWI & DUI lawyer today.

Types of DWI Cases We Handle

At The Law Offices of Jonathan F. Marshall, we understand how a DWI can shape the rest of your life. With over 200 years of collective experience defending those accused of DWI, we know what goes into making a strong and persuasive defense. We represent those accused across a wide range of DWI cases, including:

Contact Our Nearby Monmouth County DWI & DUI Lawyers Today

DWI & DUI charges can drain your finances, put a mark on your record, and even lead to time in jail. A DWI charge can lead to challenging times, but you don’t have to fight alone. Our DWI & DUI attorneys have decades of experience representing those charged with DWI & DUI. We’ve got the knowledge and resources to fight for justice in your case.

If you’re charged with a DWI or DUI in New Jersey, we’re here to help you.

Our experienced lawyers near you are available 24/7, and we offer a free consultation about your case. Contact us online or call us now to find out how we can help.

See What Our Clients Have To Say About Us:

“I really recommend this firm. Their knowledge of the law will make you feel at ease. I truly believe they are one of the best firms in the area. I would trust them with any legal dealing I have, personal or business. Extremely grateful for this firm!!!”

Lissette G.
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Other Criminal Defense Practice Areas

Our team of New Jersey criminal defense lawyers not only represent individuals facing DWI and DUI charges but a great number of other criminal offenses as well including: