DUI & DWI Attorney in Morristown
Dedicated to Providing Effective Defense for DUI and DWI Charges in NJ
New Jersey has some of the harshest drinking and driving penalties in the country.
Convictions for DWI/DUI and other serious traffic offenses can result in:
- Loss of license
- Jail time
- Installation of an interlock device
- Thousands of dollars in fines
- Increased insurance costs
If you have been arrested for a DUI in New Jersey, get the help of an experienced Morristown DWI lawyer by calling The Law Offices of Joseph S. Scura and scheduling a consultation.
What are the Penalties for DWI / DUI in New Jersey?
DWI Defense in New Jersey has developed into a complex, highly technical field that combines aspects of criminal defense with aspects of science and procedures unique to the area of DWI/DUI. You can visit the Motor Vehicles Website for a summary of the associated penalties. People often misunderstand that you do not need to be impaired or "intoxicated" to be convicted of DWI—it is a violation of the law to operate a vehicle with a blood-alcohol content of .08 or above, regardless of the level of impairment.
Penalties for a DUI or DWI can include:
- Fines between $250-1,000 depending on whether this is your first offense
- License suspensions ranging from three months to ten years
- Jail sentencing
Unlike other states, New Jersey does not allow for a conditional or “worker’s” license, meaning a driver suspended for DWI cannot operate a vehicle for any reason. If a driver is caught operating a vehicle while under suspension for DWI, there are substantial enhanced penalties, including mandatory jail time.
Wet Reckless Defense in NJ
A successful defense for DWI charges will first challenge the results of any blood alcohol test administered to the driver by the arresting officer. When the blood alcohol results are suppressed or undermined, the focus will pivot to the actual impairment of the driver. One possible defense strategy is to plead what is known as a “wet reckless,” reducing the charge from a felony down to a misdemeanor.
Our DWI attorney in Morristown, NJ has successfully defended many DWI cases, in which the odds seemed to be stacked against the accused.
What is the Difference Between a DUI and DWI Charge in NJ?
DUI means someone is illegally driving under the influence of drugs or alcohol, while DWI means that a person was illegally driving while intoxicated.
The state of New Jersey sees no difference between the two acts, so the terms can be used interchangeably. Prosecution and sentencing is the same for both, as they are both included in the same set of statutes. Both acts share the same set of consequences, detainment, surcharges, license suspensions, and program requirements.
How Long Does a DWI Stay on Your Record in NJ?
In New Jersey, a DWI conviction will stay on your record for the rest of your life. A DWI can affect a present DWI depending on the length of time between DWIs. For example, if you were charged with a DWI within ten years of your previous conviction, the second DWI will be charged with harsher penalties. If you receive a second DWI within ten years of your first DWI conviction, then the second DWI will become a first DWI. If you win a DWI conviction, there are still certain complications that can still arise from the case such as higher insurance rates, trouble passing job screening.
Can You Get Fired for a DUI in NJ?
In New Jersey, a DWI conviction will not prevent you from being hired or fired from a school job, but if your job requires you to drive, then your employer can fire you.
Refusal to Submit Breath Samples
Refusing to submit to a breath test in New Jersey is a separate offense in and of itself (N.J.S. 39:4-50.4a). Many people arrested on suspicion of DWI believe that the way to “beat” a DWI is to refuse to provide a breath sample. That may have been the case years ago, but the State of New Jersey has since closed that loophole by enacting stiff penalties for those that refuse to take the test. A first conviction for refusal carries a minimum 7 month loss of license (up to 12 months) and the same financial penalties of a DWI. (Note-the law on this issue differs from state to state, the foregoing only apples to the NJ).
Joe is an excellent attorney whose phenomenal research and analytical skills, and ability to anticipate the opposing party's next move help him and his client choose the best strategy for each aspect of the case. He helped me settle a case in my favor.Vera
My dog and I were in serious trouble, and Joe Scura negotiated the best possible solution for both of us. He remained patient and respectful with me during what turned out to be a lengthy ordeal, but it ended well.Katherine
I couldn't recommend Joe Scura and his team more highly. Five stars is not enough. An extremely knowledgeable professional who follows up promptly and maintains contact. He patiently guided me through the legal system and worked tirelessly to turn a potentially serious situation into a dismissal without trial. I hope that there will never be another situation where I would need an attorney, but if so, I would call upon Joe's services without hesitation.William
Mr. Scura handled my court case in Hunterdon County recently with total professionalism. He made a very difficult situation for me less emotional and was able to help me reduce the charges and reach a settlement without further court appearances.Syndi
Joe Scura is an outstanding lawyer. He's highly intelligent and quick witted. We won our case by Joe getting it dismissed. I'd hire him again in a second. I'd highly recommend his services to anyone in need.Kenneth
He went above, and beyond to make sure all my needs were met. He truly cares about his clients and works hard to do what’s best for them. I would highly recommend to anyone who is ever in need of a lawyer.Anon
Without a doubt, Joe Scura is by far a professional who is well versed in the law, exceptionally transparent, Diligent in every aspect, and goes beyond his payment To make sure his client’s needs are met in all domains. Joe’s compassion is as exceptional as his performance.Judith
Mr. Joe is the best in town, very disciplined and helpful. I was dealing with a 2-year license suspension, I contacted Mr. Joseph Scura he took the case and reopened it, man oh man this guy is excellent. He made sure I got my license back while he worked on my case. The result at the end "NOT GUILTY " He's truly the best of the best.Johnson FrederiqueIrvington, NJ