×
Go back to Martindale-Avvo ➔

New Jersey DUI and DWI Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
101 legal questions have been posted about dui/dwi by real users in New Jersey. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
New Jersey DUI and DWI Questions & Legal Answers - Page 3
Do you have any New Jersey DUI and DWI questions page 3 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 101 previously answered New Jersey DUI and DWI questions.
DUI/DWI
New Jersey

Recent Legal Answers

What to do if arrested while visiting New Jersey from Ireland?

Answered 11 years and 11 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
the resisting arrest can be the more serious charge if the police report indicates that the officers were in danger or were given a difficult time. the judge will support his officers. i would have to review the police report and speak with the prosecutor. an apology to the police is always helpful. please call and we can discuss. mu daughter went to university of cork. ed dimon, esq. 732-797-1600 ext 235... Read More
the resisting arrest can be the more serious charge if the police report indicates that the officers were in danger or were given a difficult time.... Read More

im curious how can you be fined for refusing to take a breathlyzer when they say its your right to

Answered 11 years and 11 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
DWI and 'refusal' are two separate charges. the 'refusal' comes after the officer has decided that the driver has failed the 'field sobriety tests'. the statute requires that the driver submit to the breathyzer. the 'bar' is quite low. the driver must submit. the only way to win such a case is to use the videotapes of the stop and 'field tests' to demonstrate that the stop or tests were not justifed. we did win such a case on pleasantville, nj. the defense is expensive. ed dimon, esq. 732-797-1600... Read More
DWI and 'refusal' are two separate charges. the 'refusal' comes after the officer has decided that the driver has failed the 'field sobriety tests'.... Read More

If I am found guilty of DUI in New Jersey,how long will my license be suspended for if my level was 0.9, and this is my first offense ?

Answered 12 years ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
the minimum is seven months. please let me know if we can help. ed dimon, esq. 732-797-1600
the minimum is seven months. please let me know if we can help. ed dimon, esq. 732-797-1600

What is my legal responsibility as a host for serving alcohol at a reception in New Jersey?

Answered 12 years ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The devil is in the details. Are the people who are drinking the legal age ? If underage, there are significant liability issues. If not, the determination of liability is based upon the intoxication of the guest and your continuing to serve him/her after the clear intoxication. It is always better to urge on the side of caution and offer taxi service home. Ed dimon, esq.... Read More
The devil is in the details. Are the people who are drinking the legal age ? If underage, there are significant liability issues. If not, the... Read More

I was given a ticket for an unlawfully parking a vehicle with an open alcohol container but i was the passenger. Why was i given this ticket?

Answered 12 years ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
the actual charge is having an 'open alcohol container' in the vehicle. the charge can be for the passenger or for the driver. one need not be driving the car for this charge.  were you also charged with 'operating the vehicle' ? ed dimon, esq.
the actual charge is having an 'open alcohol container' in the vehicle. the charge can be for the passenger or for the driver. one need not be... Read More

can i dispute having a ignition interlock device in my car for 2 years?

Answered 12 years and a month ago by Lawrence M A Centanni (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Based upon the limited information you provided, the following questions need to be asked. Were you represented by counsel, or did you represent yourself? If there is an issue as to the interlock, an application needs to be made to the court. Please feel free to contact me for a free consultation. ... Read More
Based upon the limited information you provided, the following questions need to be asked. Were you represented by counsel, or did you represent... Read More

interlock

Answered 12 years and a month ago by Edward J. Dimon (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
you need insurance and registration to drive in nj. you need the interlock device installed in the car you are driving in nj. all three requirements must be met for you to drive in nj. we can guide you through the process or you can do the process on your own. ed dimon, esq. 732-797-1600 ext 235... Read More
you need insurance and registration to drive in nj. you need the interlock device installed in the car you are driving in nj. all three requirements... Read More

Is being held for three hours before seeing a drug recognition expert a violation of constitutional rights?

Answered 12 years and 3 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
the police have broad discretion to hold you for drug and alcohol testing. however, three hours is borderline. were you charged with an offense ? if so, the three hours would be deemed ok. ed dimon, esq.
the police have broad discretion to hold you for drug and alcohol testing. however, three hours is borderline. were you charged with an offense ? if... Read More

i was given a refusal to breathelyze, reckless driving and a dui how long am I likely to loose my license

Answered 12 years and 4 months ago by Edward J. Dimon (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
'refusal' and 'dui' are two separate charges with the possibility of two separate sentences. the key is to have one conviction and one sentence.  is this your first 'dui' conviction ? if so, the loss of license is at least seven months. please let us know if we can help. ed dimon, esq. 732-797-1600... Read More
'refusal' and 'dui' are two separate charges with the possibility of two separate sentences. the key is to have one conviction and one... Read More

dwi

Answered 12 years and 5 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
a intoxicated person involved in an accident which results in death is facing either a vehicular homicide or vehicular manslaughter charge which, if convicted, will result in a state prison sentence.  what was the BAC alcohol reading ? what were the circumstances of the accident and death ? please let me know if we can help. ed dimon, esq. 732-797-1600 ext 235... Read More
a intoxicated person involved in an accident which results in death is facing either a vehicular homicide or vehicular manslaughter charge which, if... Read More

Can arrests hold back from career in forensics?

Answered 12 years and 5 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
we do two expungements per week. the DUI cannot be expunged. the arrest for 'domestic violence' can be expunged depending upon the nature of the actual arrest and your over-all criminal record.  you should expunge the arrest. you should then explain the DUI and arrest when applying if the job is in law enforecment. please let us know if we can help with the expungement. ed dimon, esq. 732-797-1600 ext 235... Read More
we do two expungements per week. the DUI cannot be expunged. the arrest for 'domestic violence' can be expunged depending upon the nature of the... Read More

Would my college be liable if something would have happened to friends of mine who were asked to leave my dorm room after being caught drinking.

Answered 12 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
i guess your asking if your friends were in a wreck and were injured would the school be liable. I dougt it as they were more or less tresspassers if not on school property with authorization from the owner, the school. however, if the school let them leave campus knowing they were facing danger-i.e., they were drunk, flooding, hurricanes, etc. maybe a creative lawyer can get the school in the case. ... Read More
i guess your asking if your friends were in a wreck and were injured would the school be liable. I dougt it as they were more or less tresspassers if... Read More

Do I have to go back to NJ?

Answered 12 years and 7 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
you must fulfill the IDRC requirements before you can have your driving privileges restored in MA because you must tell MA that your license in NJ is suspended. you should speak with the NJ IDRC to determine the regulations concerning the fulfillment of the NJ IDRC requirements in MA. if you have difficulties, we can help. ed dimon, esq.... Read More
you must fulfill the IDRC requirements before you can have your driving privileges restored in MA because you must tell MA that your license in NJ is... Read More

I had got a DUI back in 1987 in NJ

Answered 12 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
check into it, you probably didnt complete the dui, like classes, or costs or fines...
check into it, you probably didnt complete the dui, like classes, or costs or fines...

I have been on nj disability since May 2013 my return date is potentially 9/2/13, how will I know if my job is still available. I have been replaced.

Answered 12 years and 8 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
the employer is not under an obligation to keep the position open if you are unable to do the work. ed dimon, esq.
the employer is not under an obligation to keep the position open if you are unable to do the work. ed dimon, esq.

Is it normal to be fired for a DUI?

Answered 12 years and 8 months ago by Michael J. Nichols (Unclaimed Profile)   |   22 Answers   |  Legal Topics: DUI/DWI
In your case, unfortunate bit not surprising.
In your case, unfortunate bit not surprising.

hair follicle for a dui ticket?

Answered 12 years and 9 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
the prosecutor must provide your attorney with the lab reports as part of discovery. was there an accident ? what caused the police to take you to the hospital ? the key is that the lab report match your prescription drugs. please let us know if we can help. ed dimon, esq.
the prosecutor must provide your attorney with the lab reports as part of discovery. was there an accident ? what caused the police to take you to... Read More

What can I do if my tickets are not in the system?

Answered 12 years and 9 months ago by Steven Jed Alpers (Unclaimed Profile)   |   11 Answers   |  Legal Topics: DUI/DWI
Why are you going to court in Sept? Is that related to your tickets?
Why are you going to court in Sept? Is that related to your tickets?

can i sue a bar for serving me when i was 20?

Answered 12 years and 10 months ago by Edward J. Dimon (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
both you and the bar have 'unclean hands' in that both of you know that you should not be drinking. the court will not look kindly upon your 'unclean hands'. did you receive a DWI after drinking at the bar ? were you in an accident ? this would be a different situation. please let me know. ed dimon, esq.... Read More
both you and the bar have 'unclean hands' in that both of you know that you should not be drinking. the court will not look kindly upon your 'unclean... Read More

Is it still possible to get my Driving Under the Influence expunged if my fine went to collections?

Answered 12 years and 10 months ago by Timothy Kevin Byrne (Unclaimed Profile)   |   26 Answers   |  Legal Topics: DUI/DWI
No.
No.

what was the penalty for a d w i in 1992

Answered 12 years and 10 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
i believe the penalty for the first conviction for DWI was the six month loss of license. the penalty is now seven months. why is the 1992 penalty relevant ?
i believe the penalty for the first conviction for DWI was the six month loss of license. the penalty is now seven months. why is the 1992 penalty... Read More

I had a DUI in NJ in 2011 I was referred to intensive out patient by IRDC. CAn I substitute AA meetings for the treatment?

Answered 12 years and 11 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
no. you must fulfill the requirements of IDRC. i would recommend AA meetings in addition to the IRDC. this will help you personnally and will help you with the judge and prosecutor. ed dimon, esq.
no. you must fulfill the requirements of IDRC. i would recommend AA meetings in addition to the IRDC. this will help you personnally and will help... Read More

Can they impound my car since I have never had a DWI and was not with my girlfriend at the time?

Answered 13 years ago by Hudson Thomas Bair (Unclaimed Profile)   |   10 Answers   |  Legal Topics: DUI/DWI
Yes, your car can be seized when the driver is arrested. You should be able to go to the impound yard and get your car released. They cannot keep your car, it is your property, not that of your girlfriend.
Yes, your car can be seized when the driver is arrested. You should be able to go to the impound yard and get your car released. They cannot keep... Read More

What would be my best options to follow before my court date in a month for DUI 2 counts endangering a child under 14 and failure to maintain lane?

Answered 13 years ago by Jared Clayton Austin (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
This is a very serious charge with severe penalties. Do not go in alone: retain the services of an experienced DUI lawyer. The fees for a good DUI attorney will more than pay for himself in what he can potentially save you.
This is a very serious charge with severe penalties. Do not go in alone: retain the services of an experienced DUI lawyer. The fees for a good DUI... Read More

What would be my best options to follow before my court date in a month for DUI 2 counts endangering a child under 14 and failure to maintain lane?

Answered 13 years ago by Francis John Cowhig (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
Your best option is to hire the best attorney you can afford.
Your best option is to hire the best attorney you can afford.
DUI/DWI
New Jersey

Helpful Resources