DWI

YOUR CHOICE FOR NEW JERSEY DRUNK DRIVING LAWYER

For over a decade, Alan Kraminsky, Esq. of Kraminsky Law, LLC has represented clients throughout the State of New Jersey who have been arrested charged with violations of N.J.S.A. 39:4-50, driving while intoxicated or under the influence.

If you, a loved one or a friend are facing Driving While Intoxicated (DWI) or driving under the influence (DUI) charges in any of the Municipal Courts of New Jersey or the United States Federal District Court for offenses that take place on Federal Lands, such as Sandy Hook Beach, Fort McGuire, Picatinny Arsenal or Fort Dix, you should seek legal representation immediately. Call 973-200-3787 or email Alan@KraminskyLaw.com.

In New Jersey, Driving While Intoxicated or Under the Influence is a very serious offense that can have serious repercussions including license suspension, fines, and even potential jail time.

Please note, it is not a criminal offense in New Jersey to be convicted of driving while intoxicated. However, a guilty plea or a finding of guilt to DWI or DUI will stay on your New Jersey Drivers abstract for the rest of your life.

Municipal Court Judges and Prosecutors take DWI and DUI cases very seriously. In fact, it is the most difficult ticket to fight in any Municipal Court in any County of New Jersey. DWI and DUI are crimes against society. Something as simple as a few beers with dinner can have a lasting impact on a person’s life. Often alcohol leads to poor decisions and operating a motor vehicle is one of them. You certainly get no breaks in the Courtroom for alleged violations of New Jersey’s DWI and DUI laws.

So, if you’re being arrested for DWI or DUI in New Jersey for alcohol or substance abuse violations, you absolutely need the help of experienced counsel who has represented hundreds of clients in these matters.

Alan Kraminsky, Esq. has a deep understanding of New Jersey’s DWI laws, procedures, and potential defenses. He has achieved outstanding results including the dismissal of DWI and refusal charges throughout New Jersey.

Kraminsky Law provides an aggressive defense and will vigorously challenge the prosecution’s case, examining all evidence against you, procedures, and constitutional rights violations by law enforcement to build a strong defense on your behalf.

HOW DOES IT WORK?

A person may be charged with a DWI-DUI if the person operates a motor vehicle in the State of New Jersey while under the influence of an intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood or permits another person to operate a motor vehicle while who is under the influence.

HOW TO CONTACT OUR FIRM

Kraminsky Law, LLC is available 24 hours per day, 7 days a week. To schedule a toll free in person or virtual consultation call 973-200-3787 or email our office at Alan@KraminskyLaw.com. If you have been arrested and/or charged with a DWI/DUI in any town, city, village or borough in the State of New Jersey, Kraminsky Law, LLC is here to help you fight the DWI/DUI and help you beat the case.

When you are facing a DWI or DUI in New Jersey under N.J.S.A. 39:4-50, it is the State Prosecutor’s burden to prove beyond a reasonable doubt that you are guilty. Kraminsky Law, LLC can help in the following ways:

We first schedule a consultation to gather the facts and evidence in the case to determine a course of action.
We then enter an appearance with the Municipal Court or Federal Court and a plea of NOT guilty.
Shortly thereafter, a request will be made to the Prosecutor to demand production of all evidence against you in their possession. Our detailed DWI discovery requests to the Municipal Prosecutor and/or Local Law Enforcement include seeking police reports, Alcotest Influence Reports (AIRs), Computer Aided Dispatch (CAD) Reports, repair records, testing certificates, Police surveillance from the patrol car, body worn cameras, and more.
We will address the need for an Alcotest and/or Field Sobriety Expert. In certain cases, we may even hire medical professionals such as doctors or nurses as Defense witnesses. Given the New Jersey Alcotest is a machine, machines can have problems and may not have functioned properly prior to you giving your breath test. Law enforcement must comply with both New Jersey statutes and case law in administering these exams.
You need an attorney that is prepared to go to trial if necessary.

The penalties for DWI/DUI are harsh!!!

1st Offense DWI with a Blood Alcohol Content (BAC) between 0.08% and 0.10%:

fines between $250-$400.
up to 30 days in jail.
license suspension indefinitely until you have an ignition interlock installed on all vehicles registered in your name.
30 days of the interlock device installed in your vehicle(s).
12 to 48 Hours in the Intoxicated Drivers Resource Center; and
Automobile Insurance Surcharges of $1,000 per year for three years.

1st Offense DWI with a Blood Alcohol Content (BAC) between 0.10% – 14%:

fines between $300-$500.
up to 30 days in jail.
license suspension indefinitely until you have an ignition interlock installed on all vehicles registered in your name.
7 to 12 months of the interlock device installed in your vehicle(s).
12 to 48 Hours in the Intoxicated Drivers Resource Center; and
Automobile Insurance Surcharges of $1,000 per year for three years.

1st Offense DWI with a Blood Alcohol Content (BAC) between 0.15% and higher:

fines between $300-$500.
up to 30 days in jail.
license suspension 4 to 6 months after you install an interlock installed on all vehicles registered in your name.
9 to 15 months of the interlock device installed in your vehicle(s).
12 to 48 Hours in the Intoxicated Drivers Resource Center; and
Automobile Insurance Surcharges of $1,000 per year for three years.

1st Offense DUI for driving while under the influence of narcotics, hallucinogenics, or habit producing drugs:

fines between $300-$500.
up to 30 days in jail.
license suspension 7 to 12 months.
12 to 48 Hours in the Intoxicated Drivers Resource Center; and
Automobile Insurance Surcharges of $1,000 per year for three years.

2nd Offense DWI:

Fines between $500 and $1,000.
30 days community service.
48 hours in jail.
Suspension of driving privileges for a period of not less than one year or more than two years; and
Installation of the ignition interlock device for 2 to 4 years.
48 Hours in the Intoxicated Drivers Resource Center.
Automobile Insurance Surcharges of $1,000 per year for three years.

3rd Offense DWI:

Fines of $1,000.
Mandatory 180 days in county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Drivers Resource Center.
Loss of driving privileges for a period of eight (8) years.
Intoxicated Drivers Resource Center determined on a case by case basis.
Mandatory interlock device for 2 to 4 years (in addition to the period of license suspension imposed by the Court).
Automobile Insurance Surcharges of $1,000 per year for three years.

What To Do If Charged with a 2nd or 3rd Offense:

A person who has previously been convicted of prior DWI offenses may get the benefit of a ten-year step down, which will eliminate a prior DWI for sentencing purposes. If more than 10 years have passed since your prior DWI charge, you will get the benefit of a step down for sentencing purposes. For example, if you get a DWI in 2021 and it is your 3rd offense, it may be counted as a second offense if your second offense occurred more than 10 years prior to the new offense.

Schedule an Appointment With Kraminsky Law New Jersey DWI/DUI Attorney Today!

Kraminsky Law, LLC is available 24 hours a day, 7 days a week. If you or a loved one has been arrested for Driving While Intoxicate or Driving Under the Influence, give us a call at 973-200-3787 or email us at Alan@KraminskyLaw.com. Driving drunk is a bad decision, but who you choose to represent you could be worse. If you need a lawyer that will fight to win your case, you must call Kram!