February 1, 2025
Police in New Jersey take DUI cases seriously. This is because New Jersey is one of the leading states in the union for DUI arrests. In 2021, there were almost half a million DUI arrests in the United States. 11% of those arrests occurred in New Jersey. Although the state has low fatality rates, New Jersey still saw a 30% increase in DUI-related crashes in recent years. This has led to a crackdown on intoxicated drivers.
The presence of dashcams in New Jersey police cars adds another element to potentially complicated arrest situations. Fortunately, these dashcams can also benefit some individuals arrested on suspicion of DUI. This is why it’s vital for anyone who has been pulled over for DUI in New Jersey to consult with an experienced attorney.
In New Jersey, DUI stands for driving under the influence. It is different from DWI. DWI stands for driving while intoxicated. In New Jersey, DWI arrests are strictly related to alcohol consumption. Someone is guilty of DWI if they are operating a motor vehicle with a blood alcohol content (BAC) of .08 or higher.
In New Jersey, someone is guilty of DUI if they operate a motor vehicle under the influence of any substance other than alcohol that impairs their ability to operate the car safely. Someone may be guilty of DUI if they are under the influence of:
Many people believe that if a substance is legal, they cannot receive a DUI for consuming it before getting behind the wheel of a car. This is false. A DUI does not necessarily concern the legality of the substance someone has consumed. DUI concerns a person’s ability to operate a motor vehicle safely. If someone has been prescribed a medication by their doctor, but that medication impacts their ability to drive, they can still be arrested for DUI.
Penalties for DUI in New Jersey are similar to those for DWI. The precise penalty will vary depending on the severity of a person’s intoxication and whether they have ever been charged with DUI before. A first offense will generally carry a lighter sentence than subsequent offenses. For a first offense, a person convicted of DUI can expect to be sentenced to a fine of up to $500, court fees, and up to thirty days in jail. They may also have to attend traffic safety courses and install an interlock device in their car. This is a device that measures a person’s BAC before they are able to start the vehicle.
Convictions for second and higher DUI offenses will carry harsher sentences. People convicted of multiple DUI charges can expect to spend up to six months in jail and pay fines up to $1,000. They may also face the suspension of their driver’s license for up to ten years.
While DUI and DWI are treated similarly in New Jersey for the purposes of criminal penalties, there is a key distinction. If someone is guilty of DUI, they may face additional charges if the substance they took was illegal. Suppose police find an unlawful substance in the automobile during the traffic stop or can determine that a prohibited substance was in the person’s system at the time of the stop. In that case, they may face additional drug charges. Depending on the substance and the amount present, this can add significant prison time and fines to a person’s sentence.
Police officers in New Jersey use multiple cameras during traffic stops. Dash cameras record footage from the perspective of a police cruiser’s dashboard. Body cameras record footage from the perspective of respective officers. This footage is admissible in court. Dash and bodycam footage is meant to hold police officers accountable and ensure they are doing their jobs and living up to the standards expected of law enforcement officers. This footage can also be used to support an officer’s case. For example, if dash or bodycam footage shows someone slurring their words or stumbling during a traffic stop for a suspected DUI, this can harm the individual’s case.
Dash and bodycam footage can also be used to help support a suspect’s case. Sometimes, law enforcement officers may be overzealous. If someone is nervous during a traffic stop and struggling to speak due to anxiety, an arresting officer may take this as a sign of intoxication. A person may also be coherent in their speech but have poor coordination, which an officer mistakes for inebriation. Footage presented in court by an experienced attorney can help persuade a judge or jury that someone was not, in fact, DUI at the time of their arrest.
Depending on the circumstances, dash or bodycam footage can either help or harm an individual’s case. The same applies to any security camera footage that may have captured the driver or the arrest. Security camera footage may demonstrate that a person was either driving normally or erratically. Erratic driving can be presented in court as evidence of DUI. An experienced attorney can assess any footage pertinent to a DUI case and determine whether it will be helpful or harmful. The attorney may then move to either enter footage into evidence or attempt to suppress it. Footage may be the determining factor in whether someone is convicted of DUI. This is why if you or a loved one have been arrested on suspicion of DUI and there is footage, you must contact an experienced DUI attorney.
Whether there is footage of a DUI arrest and what that footage shows can make or break a person’s case. That’s why if you or a loved one have been arrested on suspicion of DUI in New Jersey and footage exists of the stop, you should immediately contact us at The Hernandez Law Firm, P.C. Steven W. Hernandez is experienced in all manner of DUI cases. He’s a field sobriety test instructor who has completed drug recognition expert overview training with over 120 hours of forensic science related to blood and urine analysis. He will review all available footage of every DUI case and assess whether that footage can help or hurt a person’s case. He can then work accordingly to either introduce this footage in court or try to have it removed from evidence. He believes everyone deserves fair representation in court and that a simple mistake or misunderstanding shouldn’t impact the rest of a person’s life.
A single DUI conviction can change the entire course of a person’s life. Video footage can be the determining factor in that conviction. If you or a loved one have been arrested on suspicion of DUI and there’s footage of the arrest, don’t hesitate to contact us at 732-582-5076.
(732) 582-5076
