Gloucester County DUI Lawyer at Iannelli Law Will Provide the Prompt Help You Need

Even though DWI/DUI (driving while intoxicated) cases are typically not treated as criminal matters in New Jersey, it does not mean that the potential punishment is any less strict. DUI matters are treated as traffic citations, but they can still lead to potential jail time. One potential consequence of a DUI is that you can lose your driving privileges for an extended period of time. Having your license suspended is not a foregone conclusion, but it will be unless you take the initiative to present evidence that shows that the charges are wrongful in some way.

Your License Will Be Suspended for a Certain Amount of Time

Once you have been charged with DUI, there will be a virtually automatic effect on your driver's license. You will receive an immediate suspension of your driving privileges. The length of the suspension depends on the following factors:

  • Whether the DUI charges are a first offense
  • Your blood alcohol content at the time of the traffic stop
  • Whether you refused a breath or urine test

The minimum amount of driver's license suspension is 3 months. For a first offense, you can receive a suspension of up to 12 months. The exact length of the suspension is determined administratively by the New Jersey Motor Vehicle Commission.

Penalties will escalate on a second or subsequent offense. For a second-offense DUI, you will receive a driver's license suspension between one and two years. For a third offense, the interruption in your driving privileges will be eight years, raising the stakes of your case even higher. In addition to a driver's license suspension, you will also need to install an ignition interlock device for a certain amount of time after any DUI conviction.

There is a chance that you may be able to obtain a conditional driver's license, depending on your circumstances. For example, you may be granted driving privileges for limited purposes of going to and from work. This driver's license will not allow you to operate a vehicle for any purpose other than the ones stated in your conditional privileges.

You Can Potentially Challenge a Driver’s License Suspension

As such, you can see that there are high stakes when you have been charged with DUI in New Jersey. Being able to drive a car means that you have the freedom to carry out the daily functions of life as necessary. Accordingly, with the help of a DUI attorney, you can review the situation to see if there is any opening to either work with the state or contest your license suspension. You have the ability to challenge a suspension of your license even before a conviction. Under New Jersey law, you can request an administrative hearing. You must do so almost immediately after your arrest, because your request for a hearing must be filed within 10 days.

In the administrative hearing, you would challenge either the basis of the arrest or how the testing that found that you were impaired was conducted. A hearing officer has the authority to reduce or overturn any driver's license suspension if you can successfully challenge the evidence presented against you. However, there is a lower standard of proof that is required for your license to be suspended.

Even when your driver's license has been restored, a DUI conviction can further complicate your ability to drive a car. New Jersey law requires you to obtain car insurance to own and drive a vehicle. Insurance companies may not want to provide a policy to those who have a record of DUI convictions. You can expect to pay a much greater amount for coverage, and even to be turned down by some insurance companies that do not want to take the risk.

Frequently Asked Questions

What Is the Standard of Proof in an Administrative Case?

The government must show the violation by a preponderance of the evidence.

Can I Lose My License for Breath Test Refusal if I Was Not Convicted of DUI?

Yes. The failure to submit to a breath test is a legal violation in itself.

Gloucester County DUI Lawyer at Iannelli Law Will Provide the Prompt Help You Need

If you have been charged with operating a motor vehicle while impaired, you need immediate legal help from the Gloucester County DUI lawyer at Iannelli Law. The speed with which your license will be suspended requires that you act quickly. Schedule a free initial consultation by messaging us online or by calling us today at 856-227-2434. Our office is in Blackwood, New Jersey, and we serve clients in the surrounding areas.