A Drunk Driving Lawyer Newark Respects Explains Saving Your License after a DUI Arrest
Our Newark drunk driving lawyer knows that if you’ve been arrested on suspicion of DUI, you may be up against the clock to keep your license. Some states require an administrative suspension. This may kick in after a set number of days following your arrest.
In states like New Jersey where administrative suspension occurs, it is possible to keep your license, but you must act right away. Call Rispoli & Borneo, P.C. to get guidance on what to do next.
DUI License Suspension
In the state of New Jersey, if you blow a 0.08% or higher on a blood alcohol test, or if you refuse to take the test, the responding officer can arrest you on suspicion of DUI. This comes with an automatic administrative suspension of your license. However, what many defendants in Newark do not realize is that they have a limited number of days to request a hearing to appeal the required suspension.
Your first call after a DUI arrest should be to a trusted DUI attorney. Rispoli & Borneo, P.C. is experienced in handling DUI suspension hearings. We have helped many drivers just like you keep their licenses while fighting the charges against them.
At the administrative hearing, you and your Newark drunk driving lawyer will be allowed to present evidence and question the arresting officer. We often see three common scenarios play out.
First, the arresting officer may not show and you will win by default.
Second, it’s possible the arresting officer failed to follow department procedure. Your drunk driving lawyer can also show there wasn’t probable cause for the arrest to be made.
Finally, it may be possible to enter a plea where you plead to a lesser offense and get to keep your license. This can be an appealing option.
This would only keep your license for a short time. If you plead to a DUI or you are found guilty, your license will be suspended. It is important to keep in mind that the administrative suspension hearing is separate from your court date.
A skilled drunk driving lawyer will be able to face all of these circumstances and contest all of these factors. And, if successful, you won’t lose your license. It may even be possible to identify loopholes that could mean your charges get dropped.
Going to Trial
If your case progresses to a trial, you will want to have a trusted Newark drunk driving lawyer at your side.
Jury trials can be lengthy processes. There are weeks, if not months, of investigation and preparation that take place. During this time, your drunk driving lawyer will be working to gather relevant evidence, make court motions, and appear at pre-trial hearings.
You could be facing a jail sentence, steep fines, and a lengthy or permanent loss of license.
These are not situations to be taken lightly. The team at Rispoli & Borneo, P.C. stands ready to hear the details of your case and to represent you with all of our available resources.
Myths and Truths About Ignition Interlock Devices
The penalties for a DUI conviction are often harsh; even for first-time offenders. Depending on the circumstances of the charge, a judge may order a convicted defendant to have an ignition interlock device installed in their vehicle. If this should happen, the defendant will be responsible for the installation fee, as well as the monthly rental fee. Although this penalty is much better than being sentenced to jail, it is still one that is typically unfavorable for the defendant because it is expensive and usually needed for several months. A good drunk driving lawyer Newark has to offer may be able to have this penalty reduced into something like community service. If you have been charged with a DUI, please call a drunk driving lawyer in Newark to explore your options in further detail.
Food and Drinks Can Give a False Reading
It is commonly thought that certain foods or drinks will skew the results of an ignition interlock device. In some cases this is true; however, there is a solution for this. If there is any alcohol from a drink, food item, mouth wash, or medicine in your mouth at the time of the test, it will be detected. Your engine will not start, and the prosecutor will see this violation when examining the results of the breath tests. To prevent this from happening, you should not consume anything with alcohol in it for at least five minutes before testing.
Temperature and Altitude Can Cause a Violation
Ignition interlock devices have been designed to withstand a range of temperatures and elevations. It is possible for a breath test to be nominally affected in very hot or cold areas or high altitude locations. That said, temperatures from -49 degrees to 185 degrees and altitudes of up to 11,000 feet generally won’t affect the results. Most people are not going to be driving in conditions like these; therefore, this concern is typically not relevant.
A Smoker Should Not Use the Device
As a drunk driving lawyer Newark residents turn to for sound legal advice, we know of many people who believe the device won’t work because of the smoke. This is not true. Ignition interlock devices are not affected by smoke. The same is true for hairspray, perfume, and aftershave.
ReTesting Is Unsafe
Sometimes the driver will be asked to take a retest while driving. This ensures they are remaining sober. These tests are safe in that even if the subject fails their re-test, the car will not immediately stop. Subjects are encouraged to pull over and perform the test instead of doing it while driving. Bear in mind, it is certainly possible for the subject to be involved in an accident because they are under the influence of alcohol. When the test is failed, the information is recorded and sent to the probation officer.
As a Newark drunk driving lawyer might explain to you, ignition interlock devices will only work when a proper breath sample is provided. If the sample is performed incorrectly or is tampered with, it won’t start. Furthermore, a tampered device will be recorded as a violation. Finally, it is possible for another party to blow into the device. However, today there are cameras and rolling re-tests which make it very difficult to use another person without the device recording a violation.
Steps to Take When Pulled Over
Our drunk driving lawyer Newark, New Jersey recommends understands that if you are pulled over for a DUI, you may be scared and unsure of how to act in the situation. After all, drunk driving charges are very serious and can change your life. However, if a police officer has pulled you over and charged you with a DUI, we want to give you a few tips on the best procedures during this situation. It is possible to remain respectful and level-headed during a stop like this and that can go far when it comes to your charges. If you have been charged with a DUI and would like to speak with a Newark drunk driving lawyer from our firm, please give our office a call. The sooner you have an attorney on your side, the better.
What steps should I take?
There are a few steps you can take during this time to ensure that things go smoothly. Read below for a few helpful tips during a stop like this.
- Pull Over. It may seem obvious, but many people who do not believe they have done anything wrong may avoid pulling over at all. This can lead to more serious charges and it will make you appear worse-off when it comes to the police officer describing how you did not comply. Instead, pull over when you find a safe area on the road. Once a police officer has decided to pull you over, they will make a list of observations. It will work in your favor to safely pull to the side of the road.
- Remain Calm. When the police officer approaches your car, try to remain in a relaxed position. Making sudden movements, reaching into compartments without being asked to, or bending down is not only suspicious but it can make the police officer believe you are acting aggressively.
- Be Respectful. Our Newark drunk driving lawyer knows that this is a difficult situation and you may not want to be polite. However, it can go a long way to show respect for the police officer and they will likely take note of your demeanor and attitude.
- Only Give Certain Information. Do not give more information than necessary. Our drunk driving lawyer in Newark has seen many clients unintentionally incriminate themselves because they were trying to defend themselves. Instead, give only the necessary information and ask to speak with your attorney.
Call A Drunk Driving Lawyer Newark Men and Women Recommend Today
Without proper legal representation, you could be putting yourself at risk. Rispoli & Borneo, P.C. is focused on protecting your rights and advocating for your case. We know how to fight to win. There is no reason for you to give up this opportunity to keep your license. Call our office today to set up a free consultation with a drunk driving lawyer Newark clients recommend; it’s your future on the line.