If you have recently been apprehended in Lakewood for Driving While Intoxicated (DWI), Driving Under the Influence (Drug DUI), or Refusal then it is extremely important that you understand the consequences you face and the options that you have. New Jersey is very severe in its handling of DWI and Refusal cases. First offense DWI charges can carry jail time and license suspension as well as hefty fines, community service, and the installation of an ignition interlock device. Refusal penalties are equally severe. This is because New Jersey DWI Law operates under an “implied consent” rule. This means that a driver who has been pulled over due to suspected drunk driving is obligated to take a Breathalyzer or Field Sobriety Test as administered by the officer. The elements that must be met in a refusal offense are:
That the arresting police officer had probable cause to believe that the defendant operated a motor vehicle while under the influence of alcohol;
An arrest of the defendant;
A refusal by the defendant to submit to a breathalyzer test;
That the request for the defendant to take the test was made by a police officer who had reasonable grounds to believe that defendant had been operated a motor vehicle in violation of the DWI laws; and
The attempt to administer the breath test was conducted lawfully.
An officer can only administer a breath test if he or she has reasonable grounds in doing so. Moreover, each of the aforementioned elements must be proved by a preponderance of the evidence. Essentially, this means “more likely than not.”
An experienced DWI attorney is a great asset in the defense against a Lakewood DWI or Refusal case. At the Law Offices of Proetta & Oliver, our attorneys have successfully defended hundreds of clients facing DWI charges in Lakewood, Ocean County, and all over New Jersey. To discuss the details of your case or build a case strategy with an experienced Ocean County DWI defense lawyer, please contact our office at (848) 238-2100 or stop by our local Toms River, NJ for a free consultation.
Due to the presence of the Garden State Parkway, access to shore towns in the summer months, and a large population, Lakewood is a major source of DWI arrests in New Jersey every year. There is large presence of state and local police who patrol the town and local roadways. The high volume of police activity thus contributes to a high volume of Lakewood DWI arrests. All DWI cases take place in Lakewood Municipal Court. DWI cases often take months to conclude due to the voluminous amounts of discovery utilized by the state to convict you of the charges. Thus, it is crucial that you avail yourself of the services of a committed and experienced DWI attorney.
Contact a Drunk Driving Lawyer in Lakewood NJ
The DWI defense attorneys at the Law Offices of Proetta & Oliver take great pride in their unique qualifications in regard to the technical requirements that must be established and followed by New Jersey State and Lakewood police officers. In fact, our founding attorney Will Proetta is certified in Standardized Field Sobriety Testing (SFST). He is also certified by Drager Industries in the operation and maintenance of the Alcotest 7110 which is the breath test device used by police to measure BAC. These credentials are important when it comes to gauging the strength of the state’s case against you. This is because officers and prosecutors are obligated to follow slight technicalities and protocol in conducting a legal DWI arrest. Contact us today at (848) 238-2100 to speak with an experienced Ocean Count DWI lawyer about your case, and remember our main office is down the street off of Route 9 in Toms River.