New Jersey DWI/DUI Lawyer: What Happens If I Am Convicted of Drunk Driving in Another State?

March 8, 2016 by EMJanzekovich

Getting arrested and facing charges for drunk driving can be a very frightening and intimidating experience. You do not know what to expect. These feelings of anxiety may increase if you are arrested out-of-state and far from your home and family. If you are a New Jersey resident, in addition to having to deal with the charges in the state where you were convicted you will also face serious consequences in New Jersey.

Once your out-of-state DUI has been reported, you will probably have your license suspended in New Jersey and face expensive surcharges from the New Jersey Motor Vehicle Commission (MVC). In addition, if you are convicted of drunk driving in New Jersey any time during the ten years following your out-of-state conviction, you will face enhanced penalties in New Jersey as a repeat offender.

Suspension of Your Drivers License

Once you are convicted of DUI out-of-state, the record of your conviction will be reported to the Chief Administrator of the MVC through the Interstate Drivers License Compact (the Compact). The Compact is an interstate agreement between 45 states to exchange information about license suspensions and traffic violations, including DUI offenses. The Compact’s motto is “One Driver, One License, One Record.” The only five states that do not participate in the Compact are Massachusetts, Michigan, Wisconsin, Georgia and Tennessee; all other states, including the District of Columbia, participate.

When you are convicted in a state that participates in the Compact, your driving record will be affected just as if you had committed the offense in New Jersey. Out-of-state non-moving violations like parking tickets, tinted windows or a loud exhaust pipe will not be reported to the New Jersey MVC. But serious charges like a DWI/DUI will be reported.

For example, if you are convicted of a DWI/DUI in New York or Pennsylvania, your license will be suspended in New Jersey for:

180 days if it is your first DWI/DUI offense
2 years if it is your second DWI/DUI offense
10 years if it is your third (or greater) DWI/DUI offense

All prior convictions (whether out-of-state or in New Jersey) count as prior offenses for determining how long your license will be administratively suspended.

Motor Vehicle Surcharges

Surcharges are fines assessed by the New Jersey Surcharge Violation System. If you have too many points on your license for moving violations, or if you are convicted of a DWI, you are liable for a surcharge in addition to any court fines and penalties you have to pay in the state where you were convicted. Once your out-of-state conviction is reported to the MVC, you will have to pay $1000 per year for the next three years. If the conviction is your second within three years, or your third offense, you will have to pay $1500 per year for the next three years.

Sentencing Enhancements

Violation of any law that is “substantially similar” to New Jersey’s own DWI statute will constitute a prior conviction if you are later convicted of a DWI in New Jersey. This is true even if the state where you were convicted is not a signatory to the Compact.

New Jersey DWI – DUI Lawyer Edward M. Janzekovich Represents People With Prior Drunk Driving Convictions

If you have been convicted of drunk driving in another state, and are facing new charges in New Jersey, trusted DWI lawyer Edward M. Janzekovich is prepared to defend you. We have a successful track record of defending clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County, including Union, Dover, Brick, Jackson, Wall, Woodbridge, East Brunswick, Evesham, Howell, Robbinsville, Bound Brook, Neptune, Hamilton, Linden City, Bridgewater and Tinton Falls. To take charge of your situation, call us at 732-257-1137 or contact us online today.

Filed Under: Criminal Law, Drunk Driving, DWI - DUI Tagged With: busted dwi in another state, criminal attorney new jersey, drunk driving, drunk driving in another state, dui, dui attorney, dui in another state, dwi, dwi attorney, new jersey drunk driving attorney, new jersey dui lawyer, nj dwi attorney, out of home state dui, out of home state dwi

Field Sobriety Tests in New Jersey

February 16, 2016 by EMJanzekovich

New Jersey DWI – DUI Lawyer Edward M. Janzekovich

Field Sobriety Test Attorney in New Jersey

When you think of getting pulled over for suspected drunk driving, you might think of police administering a breathalyzer test to determine whether you are intoxicated. Or you might think of the more “old school” field sobriety tests depicted in so many movies, where police ask a driver to walk in a straight line, follow a flashlight with their eyes, or count while standing on one foot.

In New Jersey, law enforcement officers are supposed to conduct both types of testing. A field sobriety test is often given first at the side of the road, so police can build probable cause to conduct a breathalyzer test later at the police station or take you to the hospital for a blood test. Another reason police have you perform field sobriety tests is because it is used to serve as “backup” evidence in case the breathalyzer results are later found to be inadmissible. However, the results of field sobriety tests are also often inadmissible, because so many factors can invalidate results.

The National Highway Traffic Safety Administration (NHTSA) has developed three specific tests that, if performed properly, are considered reliable evidence of intoxication, but only two of them can be admitted as proof of intoxication in New Jersey:

The Horizontal Gaze Nystagmus (HGN) Test

In performing this test, officers will ask the driver to follow a small object, usually a flashlight or pen, with their eyes. In order for results to be accurate, the object must be held 12-15 inches away from the face and just above the eyes. Not all individuals are appropriate candidates for this test. An officer should check for equal pupil size and other indications that the driver may have a medical disorder, head injury or visual impairment, in which case the test should not be administered. In New Jersey, this test is not considered scientifically reliable and it cannot be admitted as proof of intoxication at trial.

The Walk and Turn

This test involves walking a straight line, heel to toe. Signs of impairment include not keeping balance while instructions are being given, starting before the officer instructs you to, stopping while walking, missing the heel to toe step, stepping off the line, using arms to balance, turning improperly or taking the wrong number of steps. Certain factors create good reasons for challenging the results of this test—for example if a person has balancing problems, is overweight, elderly, wearing high heels, has a knee injury, or if the test is conducted in a bad area such as poor lighting, garbage in the road, or an uneven road surface.

The One-Leg Stand

Officers will require a driver to stand with his or her arms down, and lift one foot six inches off the ground with pointed toes, looking down at the raised foot while counting out loud (one thousand and one, one thousand and two, one thousand and three, etc.) for thirty seconds. Signs of impairment include swaying, use of arms to balance, hopping or putting down a foot. Again, many people are not good candidates for this test. Advanced age, health conditions, inappropriate footwear or terrain all call the reliability of this test into question.

There is no statutory penalty for refusing to perform a field sobriety test, however if you do refuse, a judge is allowed to treat your refusal to do them as if you were too drunk to do them, so make sure you do the tests if asked.

On paper, these field sobriety tests seem simple enough. But are they? It’s late at night, you are tired, police cars are flashing lights, you are surrounded by police with flashlights pointed at you. It quickly becomes a very intimidating experience as you are wondering to yourself if you are going to lose your license and go to jail. This is exactly why if you find yourself in this situation, you need to contact us immediately.

Top New Jersey DWI Lawyer Edward M. Janzekovich Defends Against Invalid Field Sobriety Test Results

Hiring the right New Jersey drunk driving lawyer can mean the difference between a life altering conviction, or a mere bump in the road of your life. To discuss your case, call us at 732-257-1137 or contact us online today. We serve clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: Criminal Law, Drunk Driving, DWI - DUI, Field Sobriety Tests, New Jersey Attorney Tagged With: DUI – DWI Defense Attorney, dui attorney, East Brunswick DWI Attorney, Field Sobriety Tests, Field Sobriety Tests Attorney, Field Sobriety Tests DUI, Field Sobriety Tests DWI, Field Sobriety Tests New Jersey, new jersey drunk driving attorney, nj dwi attorney, Union Township DUI Charge, Union Township DUI DWI, Union Township NJ DWI Attorney

The Ignition Interlock Device – New Jersey DWI, DUI or Refusal to Submit a Breath Sample

December 2, 2015 by EMJanzekovich

DWI-DUI Charges in New Jersey

In New Jersey, if you are convicted or plead guilty to a DWI / DUI or Refusal to Submit a Breath Sample, most likely you will have to install an ignition interlock device in your car. The device essentially works as a bypass to the ignition of your vehicle which requires a breath sample to be supplied before the vehicle will start. It will also require periodic samples as the vehicle is operated for longer time frames to keep it running so as to ensure the operator is not consuming alcohol after the initial start up.

As a first offender with less than a .15% BAC (blood alcohol concentration), the sentencing judge is not mandated to have you install it, although he or she may depending on surrounding circumstances of your incident. Once your BAC reaches .15%, the judge is mandated to order the installation of the device into the vehicle principally operated. The device must be installed all through the period of suspension and an additional six months to one year (judge discretion) after you get your license back.

A first offender who refused to submit a breath sample will be required to install an ignition interlock device as well, with the rationale that the breath sample would have been a .15% BAC or higher. Another reason to provide a breath sample – but most people learn of this incentive after the fact.

As a second offender, it does not matter what your blood alcohol concentration was as long as it was a minimum of .08% BAC. The license suspension for a second offender is 2 years, and the device must be installed in the vehicle principally operated during the entire period of license suspension and an additional one to three years (judge discretion) after you get your license restored.

As a third offender, it does not matter what your blood alcohol concentration was as long as it was a minimum of .08% BAC. The license suspension for a third offender is ten years, and the device must be installed in the vehicle principally operated during the entire period of license suspension and an additional one to three years (judge discretion) after you get your license restored.

A common question is, why do I have to put this device in my car during the period of suspension if I cannot drive anyway. That answer is not clear. Other states have interlock laws and penalties for DWI, and it appears New Jersey copied the laws from other states. The discrepancy is that other states allow you to drive during the period of suspension for very limited reasons.

Other states will grant a very limited purpose license to travel to work or school, and most require you to install an ignition interlock device in your vehicle prior to being granted that class. New Jersey does not offer a temporary, hardship or work only license, as many other states do.

Contact DUI – DWI Defense Attorney Edward M. Janzekovich

To schedule a free initial consultation, contact my office online or call us at 732-257-1137. Evening and weekend consultations are available by appointment. I accept all major credit cards.

Filed Under: DWI - DUI, Ignition Interlock Devices, New Jersey Attorney, Refusal to Submit a Breath Sample Tagged With: DUI – DWI Defense Attorney, dui attorney, dwi attorney, East Brunswick Attorney, East Brunswick DUI Attorney, East Brunswick DWI Attorney, Ignition Interlock Device, Ignition Interlock Devices, new jersey dui attorney, new jersey dui lawyer, New Jersey Ignition Interlock Devices, New Jersey Refusal to Submit, nj dwi attorney, Refusal to Submit a Breath Sample, Union Township DUI Charge, Union Township DUI DWI, Union Township NJ DUI Lawyer, Union Township NJ DWI Attorney

Contact Us Today