Defending Your License And Your Freedom After A DUI Arrest In New Jersey
New Jersey courts take DUI charges very seriously, and the consequences of a conviction can last a lifetime. While you may consider a first offense to be a small concern, multiple convictions grow more severe with each charge, which is why it is vital to keep your record as clear as you can. To earn the outcome you deserve in your DUI case, you need the guidance of a skilled criminal defense lawyer.
I am Connie Bentley McGhee, Esq., and I have more than 30 years of experience representing clients throughout the Newark area, North Jersey and statewide. I am ready to put my legal knowledge and skills to work for you. Whether you are facing state or federal DUI charges, I can guide you through the defense process with speed and efficiency.
Challenging An Arrest On State DUI Charges
The majority of the DUI cases I see are at a state level, but that does not make them any less threatening. A first offense can result up to a month of jail time, whereas a second DUI is punishable by up to 90 days in jail, and a third offense carries a 180-day minimum sentence. A DUI conviction often means fines and incarceration, but just as importantly it can also cost you your driver’s license and even your job.
My goal as your legal counsel is to minimize or dismiss the charges you are facing by attacking the evidence against you, the actions the arresting officer took during your arrest, and scrutinizing any other defenses or mitigating factors. Whether your optimal outcome must be earned through pursuing a win in court, a dismissal or a reduction in charges and penalties, I will explore all available options to protect you.
Guidance Through Federal DUI Charges
Some of the ways a crime becomes a federal crime include when the conduct crosses state lines or occurs on federal property. For DUIs in this area of the country, this likely means you received a DUI for driving on federal property such as Gateway National Park at Sandy Hook, or a military base such as Ft. Dix or McGuire.
The penalties for DUI under federal jurisdiction can escalate to a point of imprisonment, years of probation and thousands of dollars in fines. I have experience standing before the federal court system to defend my clients, and I will fight however I can to protect you as much as possible from these charges. I have represented federal employees, military personnel and local civilians in these cases.
Frequently Asked Questions About DUI Charges
If you are facing DUI charges in New Jersey, you likely have several questions about your rights, the potential penalties and how a lawyer can help. Below are answers to some of the most common concerns.
Can I refuse a field sobriety test or breathalyzer when asked by the police?
There is no legal requirement to submit to a field sobriety test in New Jersey. Under the state’s “implied consent” rules, however, you cannot refuse to submit to a breathalyzer test if the officer has reasonable grounds to believe that you are driving while intoxicated without facing additional penalties as established under New Jersey Revised Statues Section 39:4-50.4a.
What are the potential penalties for a DUI conviction in New Jersey?
The penalties for a DUI conviction can vary based on factors such as prior offenses, your blood alcohol content (BAC) and any aggravating circumstances like an accident. For a first offense, penalties may include fines, jail time and loss of your driver’s license. Subsequent offenses result in harsher penalties, including longer license suspensions, larger fines and mandatory jail sentences.
What is “mouth alcohol?”
Mouth alcohol refers to residual alcohol that may remain in your mouth after drinking or using certain products like mouthwash. It can potentially affect the accuracy of breathalyzer tests, leading to a higher BAC reading. Your lawyer can challenge breathalyzer results if mouth alcohol might have played a role.
What if I have a commercial driver’s license?
Drivers with a commercial driver’s license (CDL) face even stricter standards in DUI cases. A commercial driver’s BAC of .04% or higher can lead to severe penalties, including suspension or loss of their CDL, which can jeopardize their livelihood.
If I simply intend to plead guilty, why do I need a lawyer?
Even if you are considering pleading guilty to DUI charges, having a lawyer on your side is crucial. A guilty plea can result in long-lasting consequences, such as losing your driving privileges, higher insurance rates, substantial fines and a permanent mark on your criminal record.
An attorney can negotiate with prosecutors to reduce charges, minimize penalties or explore alternative sentencing options such as community service or participation in a diversion program. Without legal representation, you may miss opportunities to lessen the impact of a DUI conviction on your life.
Put Your Defense In Good Hands
If you are facing DUI charges, whether they are at a state or federal level, do not make the mistake of representing yourself, even for a first offense. Instead, let my extensive experience be your advantage in your criminal defense case. Call me at 973-339-3113 or reach out to me online to schedule your initial consultation and begin developing a defense strategy today.