Unfortunately, a lot of individuals drive while under the influence (DUI) in the late night hours of New Year’s Eve into the early morning hours of New Year’s Day. This spike is due to the many parties that take place at venues and homes throughout the state of New Jersey to countdown until midnight, where drugs and alcohol are likely present. We hope that you did not contribute to this statistic. But if you were pulled over and accused of a DUI that night or morning, you must obtain immediate legal representation. Without further introduction, please continue reading to learn what happens if you get a DUI on New Year’s Eve and how an experienced Morristown DUI defense lawyer at Graves Andrews, LLC can help defend against these claims in court.
What are the consequences of getting a DUI on New Year’s Eve?
It is negligent to get behind the wheel after consuming alcohol or partaking in drugs on any night. But it is particularly reckless on New Year’s Eve, when New Jersey law enforcement officers on active on the roads and truly crack down on any instances of such. Nonetheless, the consequences for a New Year’s Eve DUI are the standard ones imposed by state law, and they read as follows:
- A first-offense DUI on New Year’s Eve:
- Up to 30 days in jail.
- Up to a $500 fine.
- Mandatory installation and use of an ignition interlock device (IID) in your vehicle for three months.
- Mandatory driver’s license suspension until an IID is installed.
- Up to 48 hours in the New Jersey Intoxicated Driver Resource Center (NJIDRC).
- A second-offense DUI on New Year’s Eve:
- Two to 90 days in jail.
- Up to a $1,000 fine.
- Mandatory installation and use of an IID in your vehicle for two to four years.
- Mandatory driver’s license suspension for one to two years.
- Up to 48 hours in the NJIDRC.
- A third-offense DUI on New Year’s Eve:
- Up to six months in jail.
- Up to a $1,000 fine.
- Mandatory installation and use of an IID in your vehicle for two to four years.
- Mandatory driver’s license suspension for eight years.
- Up to 48 hours in the NJIDRC.
What are the defenses I can take against my DUI from this holiday?
You may feel hopeless in defending yourself in your DUI criminal proceedings if the breathalyzer test at the time of your traffic stop showed your blood-alcohol content (BAC) level at 0.08 percent or higher. However, you cannot give up prematurely. Rather, it is quite possible for any of the following defenses to be relevant to your case:
- The law enforcement officer did not have reasonable suspicion to conduct a traffic stop in the first place.
- The law enforcement officer mishandled the breathalyzer at the time of testing.
- The law enforcement officer conducted field sobriety tests incorrectly.
- The law enforcement officer did not read your Miranda Rights at the time of your arrest.
There is a lot to consider before presenting yourself in front of the New Jersey criminal court. To help you make the right considerations, please consult with a skilled Morristown criminal defense lawyer. Our team at Graves Andrews, LLC will guide you toward the best decision.
