January 29th, 2026
A South Jersey DWI/DUI Lawyer at Iannelli Law Will Protect Your Rights

Every moment matters if you have been arrested for DWI/DUI (driving while intoxicated) in New Jersey. From the initial traffic stop through the court process, your legal rights are constantly at risk. Mistakes made early—sometimes before formal charges are even filed—can significantly weaken your defense.

One of the most important steps you can take is to contact an experienced DUI lawyer as soon as possible after your arrest. Early legal guidance can help protect your rights, preserve evidence, and position your case for the best possible outcome.

There Are Serious Risks Immediately After a DUI Arrest

The DUI process begins long before you ever see a judge. From the moment you are stopped, anything you say or do may be used against you. While police are required to advise you of your Miranda rights before custodial interrogation, statements made prior to that point—such as roadside comments—can still be admissible.

Law enforcement officers may ask questions designed to elicit incriminating responses. Even seemingly harmless remarks can be used to support probable cause or strengthen the prosecution’s case. This is why it is critical to exercise your right to remain silent and request an attorney.

Being Taken to the Police Station and Processing

After an arrest, you will be transported to the police station for processing. This typically includes fingerprinting, photographing, and administering breath testing. In New Jersey, refusing a breath test is a separate offense that carries its own penalties, including license suspension, even if you are not convicted of DUI.

In some cases, police may seek a blood draw. While blood testing generally requires a warrant or valid consent, officers may quickly obtain judicial authorization if they establish probable cause.

How long you remain in custody depends on the circumstances of the arrest and the local court schedule. Many individuals are released within hours, while others may be held longer before being released on their own recognizance or subject to bail conditions.

Charges, Court Dates, and the Early Stages of the Case

In New Jersey, DUI is classified as a traffic offense, not a criminal charge, but the penalties can still be severe. You will typically receive a court date within several weeks of your arrest, not months later.

The charges and potential penalties depend on several factors, including:

  • Your blood alcohol concentration (BAC)
  • Whether drugs were involved
  • Prior DUI convictions
  • Whether there was an accident, injury, or property damage

There is no traditional “preliminary hearing” in New Jersey DUI cases. Instead, your case proceeds through municipal court, where motions, discovery, negotiations, and trial preparation occur.

Fighting the Charges or Negotiating a Resolution

Not every DUI case ends in a conviction. An experienced DUI attorney may challenge:

  • The legality of the traffic stop
  • The administration or calibration of breath testing devices
  • Field sobriety testing procedures
  • Probable cause for arrest
  • Violations of constitutional rights

In some cases, your attorney may negotiate with the prosecutor for reduced charges or alternative resolutions, such as plea agreements or diversionary outcomes when appropriate. Even when negotiations occur, a strong defense strategy improves leverage and outcomes.

If you plead guilty, the prosecutor will recommend penalties, but the judge ultimately determines sentencing within statutory guidelines.

How Long Does the DUI Process Take in South Jersey?

The timeline varies depending on the complexity of the case, court backlog, and whether motions or trials are involved. Many New Jersey DUI cases take several months to resolve, especially if the defense challenges evidence or litigates key issues.

This extended process can be stressful and disruptive, which is why having experienced legal representation is essential.

How John Iannelli Helps You From Start to Finish

When you hire John C. Iannelli, Esq., you are not navigating the DUI process alone. From the moment you contact our firm, Mr. Iannelli provides hands-on guidance and aggressive advocacy at every stage of your case.

From start to finish, Mr. Iannelli will:

  • Immediately assess your arrest to identify constitutional violations or procedural errors.
  • Preserve and analyze evidence, including police reports, breathalyzer records, and video footage.
  • Challenge improper stops, testing errors, and unlawful searches.
  • Handle all court appearances and communications so you do not face prosecutors alone.
  • Negotiate strategically with prosecutors when it serves your best interests.
  • Prepare your case for trial if necessary, with a focus on suppressing evidence or securing dismissal.
  • Protect your license and driving privileges whenever possible.
  • Guide you through sentencing and compliance if penalties are imposed.

Mr. Iannelli’s goal is not just to resolve your case, but to minimize the long-term impact on your record, license, and future.

A South Jersey DWI/DUI Lawyer at Iannelli Law Will Protect Your Rights

If you have been charged with driving under the influence, get immediate legal help from a South Jersey DWI/DUI lawyer at Iannelli Law. Call 856-227-2434 or complete our online form today to schedule a free consultation. Our office is located in Blackwood, New Jersey, and we proudly serve clients throughout South Jersey.