Morristown DWI Lawyer
DUI Defense Attorneys in Morris County, New Jersey
We understand that a DWI or Drug DUI arrest can happen to anyone, but one mistake or a few beers should not ruin your life. New Jersey prosecutors often seek the harshest possible punishments for DWI offenses. Even a first offense DWI can result in a sentence of up to 30 days in jail and mandatory revocation of your driver’s license for up to 6 months. And if you’ve got multiple DWI convictions, you could be looking at up to six (6) months in jail and suspension of your driver’s license for eight (8) years.
Obviously, DWI charges are serious. If you have been charged with drunk driving in Morristown, Mount Olive, Parsippany, Rockaway, Hanover, or elsewhere in Morris County, you need an experienced and aggressive New Jersey DWI defense attorney on your side. The Tormey Law Firm has a team of highly skilled DWI defense lawyers who understand the nuances of New Jersey DWI law. Our firm’s founding partner, Travis J. Tormey, has handled thousands of criminal and DWI cases in New Jersey courtrooms. Mr. Tormey is also one of only a handful of attorneys in the state who is certified in the operation and maintenance of the Draeger Alcotest 7110, the breath-testing device used by New Jersey law enforcement in the majority of DWI cases. He possesses the knowledge and experience needed to challenge the admissibility of the breath-testing results in your case.
Statistically speaking, hiring an experienced Morris County DWI defense attorney might be your only hope of avoiding the most serious DWI penalties and potentially getting the charges against you dismissed entirely. Our top priority is always to help you beat your DWI charges. To this end, Mr. Tormey has developed a series of advanced defense strategies, some of which can be seen in his video series on “How to Beat a DWI Charge.” If you are facing DWI charges in Morris County, you can access all of the DWI resources provided below and also call our offices in Morristown at (908) 336-5008 to receive a free consultation about your DUI case.
DWI Defense Lawyer in Mount Olive NJ
You may not have the funding that the police have, but you do have the opportunity to hire an attorney who knows police procedures and New Jersey DUI law. With jail, losing your license, points, heavy fees, and more problems as a possibility, you should take every opportunity to arm yourself with information, understand the logistics of your case, know the potential penalties, and find out the ways you can be successfully defended in court. Mr. Tormey and his team of DUI defense attorneys have successfully defended countless clients facing a wide variety of DWI charges. On this site you can find information on these DWI charges and on other DWI-related topics, including:
- First Offense DWI
- Second Offense DWI
- Third Offense DWI
- Driving Under the Influence of Drugs (DUI)
- Driving Under the Influence of Marijuana
- Refusal to Submit to a Breath Test
- Refusal to Submit to a Breath Test in a School Zone
- Underage DWI
- Penalties for DWI
- Ignition Interlock Devices
- The Intoxicated Driver Resource Center (IDRC)
Defending Your DWI Case in New Jersey
A DUI normally starts with an officer making a visual observation of a person committing a violation of the motor vehicle code. Speeding, swerving, failing to keep right, not using turn signals, and even traveling too slowly are common reasons that an officer may stop you. The most important thing is that the officer must have Probable Cause for a DWI Stop. Once pulled over, he will make observations of your appearance and conditions and items in the car, and combine them with Field Sobriety Tests, Breath Tests, and possibly urine or Blood Tests, (if consented to or ordered by a Judge) to confirm that you were driving while impaired. If the DWI involves alcohol, the state is required to establish Proof of Intoxication. If the DUI involves another substance, you should know about the role of Drug Recognition Experts in DUI Cases. In addition to the impairment, the officer must establish that you ‘operated’ the vehicle while the impairment took place, known as Proof of Operation of a Motor Vehicle.
DUI attorneys understand that the Attorney General has directed municipal prosecutors not to negotiate down or dismiss DWI cases unless there is a legal issue. Such issues include the legality of the stop, breathalyzer malfunctions, operator mistakes, expired solutions, suppression of the taking of blood or urine samples, and expert reports that outline issues in the case. Our drunk and drugged driving defense attorneys will scrutinize the discovery in your case to spot any potential issues that may prove beneficial to your defense. After the best defense has been prepared, we are ready to put the prosecutor to the test and try the case, challenging the evidence and testimony at every possible available turn. Call now to discuss a New Jersey DWI case and find a top defense lawyer who can assist you.
What can I be Sentenced to for a DUI in New Jersey?
If you have been charged with a DUI, you have the right to have a trial in which the state must prove that you drove while impaired by alcohol or under the influence of any substance. If convicted, you face varying consequences depending on the number of prior DUI offenses as well as the percentage of alcohol in your system or, enhanced punishment for a drug related DUI. Just like any other violation of the law, anyone convicted of a DUI/DWI faces certain penalties. The punishments are dependent on the number of prior offenses as well as the blood alcohol level present in your system.
The DMV keeps a record of all of your motor vehicle violations on what is called a driver’s abstract. The court and prosecutors use this abstract to determine the number of offenses you have previously committed, which thereafter directs the ensuing punishment for the present offense. As you may have guessed, the penalties for a first offense are less severe than those for a third offense. For example, there is no requirement of jail for a first offense but if convicted of a third DUI, the court has no choice but to sentence you to jail for 180 days (90 can be spent in rehab).
There is an exception for those who have had ten years between offenses. This is called a step down provision and allows for you to be sentenced as a second offender rather than a third if 10 years or more have elapsed since the date of the last DWI conviction.
First Time DWI Charges
If it’s your first DWI offense and your blood alcohol reading is between .08%-.10% your license may be suspended until you install an ignition interlock device on your car for a period of three months. The fines range from 250-$400 in addition to a $1000 insurance surcharge imposed for three years. You will also be ordered to attend an Intoxicated Drivers Resource Program 12-48 hours and can spend as much as 30 days in jail. If the BAC is .10%-.15%, your license will be suspended until you install the interlock and it must remain on your car for 7-12 months. The fines increase as well and can be assessed at $300-$500 Jail, IDRC, with surcharges the same as the above. But if the BAC is higher than .15, you must forfeit your license for 4-6 months and install an ignition interlock device for 9-15 months following the suspension.
The new law concerning DUI charges allows you to get your license back as soon as you install the interlock, but for offenses involving narcotics, this is not the case. In fact, your license will be suspended for a minimum of 7 months and a maximum of 12.
Charged with a Second DUI
Second DUI offenses allow for lengthier license suspensions and heavier financial penalties. For example, the court will suspend your driving privileges for 1-2 years and make you install an ignition interlock device for 2-4 years. Additionally a fine of $500-$1000 will be assessed, 48 hours of IDRC, 30 days of community service, and up to 90 days in jail. For a second offense involving drugs, a minimum of 2 days must be spent in jail with a maximum of 90. Additionally, the suspension is increased to two years.
Facing a Third DWI Charge
A third offense DUI puts you in the most dangerous sentencing position. Your license will be taken for a minimum of 8 years and you must install an interlock for 2-4 years upon restoration. The fine comes in at an astounding $1,000 and the insurance surcharges can increase from $1000 per year to $1500 per year depending on the time between the second and third DWI. The unfortunate part of the sentencing structure is that you will be sentenced to 180 days in jail and you cannot escape doing a minimum of 90 days, with 90 day allowed to be served in a rehabilitation center approved by the IDRC. If this is your third DUI for a drug offense, the court will suspend your license for 10 years in addition to ordering a jail term of 180 days. The only way to get out of jail time for a third offense is if you are entitled to the ten year step down provision or if there is an issue with the case and your lawyer can get evidence thrown out or otherwise deliver you a dismissal.
Common Courts for DWI Cases in Morris County NJ
In Morris County, the most DWI offenses are handled in the following courts:
- Morris Township
- Mount Olive
- Rockaway Township
- East Hanover
Contact a Parsippany DWI Attorney for a Free Consultation
If you’ve been charged with a DWI in Morris County, do not hesitate to contact the Tormey Law Firm. One of our experienced DWI defense lawyers will be happy to review the facts of your case and answer any questions you might have about your charges. We know how to successfully fight DWI charges in New Jersey. Contact us today for a free consultation about your case. You can contact us at (908) 336-5008 or toll free at 866.949.6948, or use the online contact form to schedule an appointment at our conveniently located Morristown office.