Bastarrika, Soto, Gonzalez & Somohano, L.L.P. | Attorneys at Law

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Bastarrika, Soto, Gonzalez & Somohano, L.L.P. | Attorneys at Law
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Finding Creative Solutions To Your Legal Challenges

Experience Is Essential To Fighting A DUI Charge

For many people accused of drunk driving, this is the first time they have faced the criminal justice system. At this juncture in your life, it is crucial for you to have the support of a defense lawyer with experience fighting DUI charges. We also have experienced immigration law attorneys on staff who will assist in advising on the potential immigration consequences of any guilty plea or sentence.

At Bastarrika, Soto, Gonzalez & Somohano, L.L.P., we will help you navigate the criminal court system and request an administrative hearing to pursue a reinstatement of your driver’s license. To discuss your next steps after an arrest, call 973-370-0997.

Experience matters. In addition to our ample experience defending people in New Jersey and New York City, we have experience as prosecutors. We know how prosecutors approach DUI cases and will work on your defense from every angle.

DUI Penalties And Long-Term Consequences

If authorities declare that you were operating a vehicle with a blood alcohol content of .08 percent, then you could face criminal charges. A BAC of .10 percent or higher enhances the potential penalties. The law, through the concept of implied consent, compels you to submit to sobriety testing, blood tests or breath tests. If you refuse to cooperate, the court could impose extra penalties.

Additionally, the court could:

  • Mandate alcohol education or treatment
  • Require the installation of an ignition interlock device
  • Impose a hefty fine

A DUI conviction on your record could also limit employment opportunities in the future. Don’t expect the worst, and don’t limit your future by hiring just any lawyer. Instead, protect yourself by speaking with an experienced defense team.

How Long Does A DUI Stay On Your Record In New Jersey?

In New Jersey, a DUI conviction will remain on your driving record for at least 10 years. This aligns with most states, which impose a 10-year reporting period for DUI offenses.

The New Jersey Motor Vehicle Commission (MVC) maintains a comprehensive driving record for each licensed driver in the state. This record includes any traffic violations, accidents and criminal convictions related to driving, including a DUI. The DUI conviction means the information will be visible to insurance providers, potential employers and any other entities that request a copy of your driving history, potentially leading to the following:

  • Skyrocketing car insurance premiums that may double or even triple your monthly rates
  • Limited job opportunities, especially in industries that require a clean driving record
  • Suspension of your driver’s license for seven months to one year

The 10-year reporting period for a DUI begins on the date of conviction. During this decade, the offense will continue to appear on your record and potentially impact your life for an entire decade, even after you have served any court-ordered penalties. During this time, any subsequent DUI offenses will carry harsher penalties under New Jersey’s step-down rule. This rule increases the severity of the punishment for repeat offenders if the second crime occurs within 10 years of the first – a clear indication you need criminal defense attorneys’ intervention.

Keeping Your Driving Record Clear

Unfortunately, the state does not allow for the expungement of a DUI conviction from your driving record. As such, this complex legal process requires in-depth legal knowledge to navigate swiftly. Even if successful, the DUI would still remain on your driving history maintained by the MVC.

The best approach, therefore, is to work closely with a qualified DUI lawyer whose legal defense strategies can help ensure you navigate the legal system, understand your options and potentially mitigate the long-term consequences of a drunk driving conviction in New Jersey. Our DUI defense services entail an initial consultation, where we can assess your case and provide guidance on how best to proceed.

License Suspension: You Have A Right To A Hearing

In New Jersey, a DUI conviction could also result in the suspension of your license by the Department of Motor Vehicles. The loss of driving privileges lasts for three months on the first offense, two years after a second offense and 10 years after a third offense. However, you are entitled to an administrative hearing. You must act quickly. A hearing must be requested within two weeks after you have received the notice of suspension from the DMV.

Defense Strategies

To defend you, we will closely examine the circumstances of your arrest. We will want to know if law enforcement used a properly functioning breath test machine or had the required reasonable suspicion that a traffic violation or crime had occurred when the traffic stop was made. There are also ways to mitigate the penalties you face.

Call An Attorney Today To Protect Your Rights

You do not have to face criminal proceedings alone. Use this form to tell us what happened, or call us at 973-370-0997 to speak with a lawyer at our office in Woodland Park, New Jersey. We offer Free Consultations on all criminal matters.