One of the most common violations that we see is that of drunk driving and/or refusal to take a breath test following a motor vehicle stop. These types of offenses are considered to carry consequences of magnitude which entitles a defendant to representation in Municipal Court. There are also a series of criminal statutes that apply in any drunk driving accident involving injuries to others, all of which carry the potential for incarceration in State Prison. If you are charged with a violation of N.J.S.A. 39:4-50 or related statutes, it is imperative that you consult with an experienced attorney immediately to determine any potential defenses that may be available. Please note that all drivers in New Jersey are deemed to have given consent for the taking of breath samples by statute. N.J.S.A 39:4-50.2. There is no right to refuse a breath test under any circumstances and if you do, a Judge may find you guilty of both driving while intoxicated and refusal to take a breath test, in which case the penalties provided for by each statute would be enforced including a suspension of your driving privileges for both the refusal and for driving wile intoxicated.
There are also enhanced penalties for driving under the influence in a school zone. In addition, the offense of driving while intoxicated carries enhanced penalties for second or subsequent offenses culminating in a mandatory jail term for a third offense, part of which can be served in an inpatient rehabilitation treatment facility under some circumstances. All driving while intoxicated offenses carry a loss of license upon conviction and it is, therefore, important to consult with an attorney immediately upon being charged with this type of violation.