When you have been arrested for a DUI, it may be a good idea to call a drunk driving attorney Asbury Park residents can count on for legal advice. For decades Rispoli & Borneo, P.C. has been fighting for clients who are facing harsh penalties after being caught driving under the influence. Our tenacious determination to protect the rights of every client and our experience is what guides our success. If you would like to know how an Asbury Park drunk driving attorney from Rispoli & Borneo, P.C. can help, please call (908) 353-0800.
In every state, it is illegal for a driver to operate a vehicle while impaired by alcohol or drugs, including medications. Depending on which state you have been charged in, the name of the offense may vary. In general, it is called driving under the influence (DUI), driving while intoxicated (DWI), or another similar legal term.
In most cases, people who have been charged with a DUI have failed a test given by law enforcement. Even if your blood alcohol concentration levels did show impairment in any of the tests, a good drunk driving attorney Asbury Park trusts may be able to have the charges reduced or dropped.
During the Conviction
When you have been convicted of a DUI, the judge might sentence you to any of the following:
- Community service;
- Jail time;
- Prison time; and
- Rehab.
You may also incur large fines and there is a good chance your driver’s license can be suspended or revoked. This is regardless of whether or not it is your first offense. A drunk driving attorney Asbury Park can rely on for honest legal counsel may work with the prosecutor and judge to obtain an agreement regarding driving privileges.
Terms to Understand
The process of a DUI conviction can be complex and confusing. While navigating the system, with or without a drunk driving attorney in Asbury Park, there are a few terms to be aware of:
- Implied Consent – When you accept your driver’s license, you automatically give consent to a police stop and a BAC test. If you fail to submit this test, there is a good chance your license can be suspended.
- Blood Alcohol Concentration (BAC) – This is the concentration of alcohol in your bloodstream. It varies by person and can be used to determine the level of impairment.
- Drug Recognition Experts – Law enforcement trained to assess the impairment of a person suspected to be under the influence of drugs.
- DUI Checkpoints – Roadblocks that are set up by police and require drivers to stop and be checked for impairment.
There are many other terms related to a DUI. A drunk driving attorney Asbury Park offers can discuss these with your during a free consultation.
Drunk Driving Attorney Asbury Park
If you have been charged with drunk driving in Asbury Park, NJ, you need experienced and aggressive drunk driving attorney. The attorneys at Rispoli & Borneo, PC have the legal expertise, court room experience and aggressive style to defend you during every step of the process.
Drunk driving and refusal matters always include an analysis of the “Stop”, the “Field Sobriety Tests”, and the “Breath Test.”
- The “Stop”: A police officer must have a valid reason to stop a vehicle. An improper or unconstitutional stop can be challenged and may result in the dismissal of all tickets.
- The “Field Sobriety Tests”: The field sobriety tests administered by police officers in New Jersey are designed to determine if a driver is impaired. The results of these tests are used to justify a “breath test” or prove a driver is driving while under the influence of alcohol. Often these tests are critical to the State’s case. These tests can and should be challenged, as they are unreliable if the officer does not administer them properly.
- The “Breath Test”: Police Departments throughout New Jersey use the Alcotest to determine if a driver is intoxicated. Maintenance of the Alcotest, certification of the officer administering the test, and the pre-test observations of the driver are critical to the accuracy of the Alcotest results.
Drunk driving matters that involve driving in a “school zone” or an accident with injuries involve more serious penalties in Asbury Park, NJ. The attorneys at Rispoli & Borneo, PC are well versed in these enhanced penalties. Understanding all of the potential penalties is critical to making a well informed decision on whether to proceed to trial or negotiate a plea.
Not every drunk driving or refusal case should proceed to trial. These trials are expensive and time-consuming. The attorneys at Rispoli & Borneo, PC appreciate the expense of hiring an attorney. To manage this expense, we meet with clients to discuss the cost of proceeding to trial versus the cost of negotiating a plea. Often we will advise clients to negotiate the best plea possible and use the available funds to pay fines and penalties rather than unnecessary or unwarranted legal fees.
A disturbing national trend in alleged alcohol-related accidents involving children is emerging. In the U.S., approximately 20 percent of children who die in car accidents are in crashes that were caused by a drunk driver. Surprisingly, many of those children are in the impaired driver’s car. According to national statistics compiled by one major study, 65 percent of the children killed by drunk drivers are in the impaired driver’s car rather than in the one hit by the driver. Drunk driving is a dangerous crime for the perpetrator and for the victims, and it can come with serious penalties. If you have been charged with DUI in New Jersey, contact a drunk driving lawyer in Asbury Park right away.
Driving Under the Influence
Alcohol impairs the functioning of a person’s brain and affects their attentiveness, decision-making abilities, reaction speed, and judgment. These impairments can have a particularly serious effect on a driver since speedy reactions, clear vision, and the ability to make quick decisions are especially important on the road.
Drunk Driving Penalties
As an Asbury Park drunk driving lawyer can explain, the penalties for drunk driving in New Jersey can be quite serious and include fines, jail time, license suspensions, and the use of an ignition interlock device, although the specifics depend on the person’s blood alcohol concentration (BAC) and the number of offenses they have.
For example, a first offense conviction for a driver with a BAC of between .08 and .10 percent will result in:
- A fine of between $250 to $400
- Jail for up to 30 days
- Ignition interlock for three months
- At least six hours in an intoxicated driver resource center
- A driver whose BAC was between .10 and .15 percent faces the above but with a fine of between $300 to $500 and an ignition interlock for seven months.
Additionally, drunk driving can also result in the person being charged with other crimes. If the drunk driver causes an accident that results in a death, the driver could also be charged with vehicular homicide. Vehicular homicide is normally charged as a second-degree felony in New Jersey, and a conviction usually means five to 10 years in state prison along with a fine of up to $150,000. However, if the driver was under the influence at the time of the event, the crime is charged as first degree, which means a prison sentence of 10 to 20 years and a fine of up to $200,000 if convicted.
Don’t Drink and Drive
There are a variety of resources available to people who need a sober ride home after drinking. However, if you have been charged with drunk driving or involved in an accident, contact an Asbury Park drunk driving lawyer right away. Call Rispoli & Borneo P.C. to schedule a free and confidential consultation.
How Rispoli & Borneo, P.C. Can Fight For You
As a drunk driving attorney Asbury Park provides to residents, we have a vast knowledge of the laws, regulations, and loopholes. When we defend a client who has been charged with a DUI, we might raise issues related to:
- BAC Testing – Was the standard field sobriety tests administered properly?
- Traffic Stops – Did the law enforcement officer have the right to stop you?
- Lawful Arrest – Was there enough probable cause to arrest you?
- Test Refusal – Were you justified in refusing to submit a test (i.e. by breath, blood, or urine)?
- Rights – Were there any rights violations?
If we deem any of the aforementioned to be true, we may seek to have your charges reduced or dropped.
Rispoli & Borneo, P.C. is On YOUR Side
If you wish to speak with a drunk driving attorney Asbury Park has to offer for a free consultation, please call Rispoli & Borneo, P.C. at (908) 353-0800 or Contact Rispoli & Borneo, P.C. today.