Ocean County NJ DWI Lawyer
DUI Defense Attorneys in Toms River, New Jersey
Chances are that if you are reading this page then you or your loved one has been pulled over and subsequently arrested for Driving While Intoxicated or Driving under the Influence of Drugs in Ocean County, New Jersey. Regardless of which particular DWI-related offense you are facing, it is important to understand that Ocean County DWI charges should NOT be taken lightly. The DWI resource pages on our site are meant to help you understand exactly what an Ocean County DUI or DWI entails. It is in your best interest to educate yourself or your loved one of the law, the penalties, consequences, and best options before you. Feel free to explore our Ocean County DWI site to gain an understanding of what a Drunk Driving charge is and what it is not. Please feel free to browse our site at your leisure. Take your time in choosing your attorney because it is a very important choice. If you retain attorney William Proetta or one of our skilled Ocean County DWI defense attorneys, then you will enjoy unlimited face-to-face time as we map out a case strategy that is customized to meet your particular needs. Please feel free to call us anytime at (848) 238-2100 to discuss your case or drop by our local Point Pleasant office down the street. Our attorneys stand ready to assist you 24/7.
DWI Defense Lawyer in Lakewood Township NJ
New Jersey DWI law governs many offenses that fall within the category of driving under the influence offenses. These include:
- First Offense DWI
- Second Offense DWI
- Third Offense DWI
- New Jersey Drug DUI
- Underage DWI
- Refusal to Submit to a Breath Test
Frequent Sites for DWI Arrests in Ocean County NJ
Below we have listed some of the major towns in Ocean County, New Jersey for DWI stops. Don’t worry if your town is not listed. We proudly serve all of Ocean County:
- Toms River NJ DWI Attorney
- Brick Township DWI Lawyer
- Lakewood NJ DUI Lawyer
- Lacey Township DWI Attorney
- Jackson Township NJ DWI Lawyer
- Seaside Heights DUI Attorney
- Stafford NJ DWI Attorney
- Point Pleasant DWI Lawyer
- Manchester NJ DUI Lawyer
- Berkeley Township DUI Attorney
- Long Beach Island DWI Attorney
New Jersey DWI Law: N.J.S.A. 39:4-50
N.J.S.A. 39:4-50 governs New Jersey’s DWI laws. The statute prohibits any person from operating a motor vehicle while possessing a blood alcohol concentration (BAC) of .08% or greater. A person is also forbidden from operating a vehicle under the influence of illicit drugs (Drug DUI). If the person operating the motor vehicle is underage, then the state enforces a Zero Tolerance Policy that prohibits anyone under twenty-one (21) years of age from operating a vehicle with a BAC of .02 or greater. In order to prove a DWI, the prosecuting attorney must establish 2 elements: 1. That the suspect actually operated the vehicle, and; 2. That the suspect was indeed intoxicated at the time of the field sobriety or breath test.
Operation: N.J.S.A 39:4-50 tells us that the element of operation is established only if there is actual operation or if it is clear that the offender exhibits: 1.) Physical control over the vehicle, 2.) The ability to operate the vehicle, and 3.) Intent to operate the vehicle (e.g. keys in the ignition with intention to move vehicle). Element number three, intent to operate the vehicle, is a tricky element that often becomes a point of contention in cases where individuals fall asleep in their cars following nights of drinking. In these cases, officers and state prosecution look to see if the car had been driven, or they look t establish intent by proving that a driver, whether asleep or awake, while in the driver’s seat of an automobile, intends to operate a vehicle.
Intoxication: is usually established by way of a breath sample (Breathalyzer Test) but can also be proven through blood and urine analysis. Where scientific evidence of this nature is lacking, a DWI or DUI can be proven through Field Sobriety Testing for alcohol intoxication or Drug Recognition Testing for driving “under the influence” of drugs. For more information on the various aspects of DWI charges, feel free to click on the following links.
Contact Jackson NJ DWI Attorneys for a Free Consultation
As you can see, DWI law is complex and turns on the existence and proof of various elements. For additional information on what to expect if you are facing DUI charges in Ocean County, please feel free to contact our Toms River law office at any time at (848) 238-2100. One of our highly knowledgeable Ocean County DWI defense attorneys will be happy to answer your questions and discuss how we can help with your DWI situation.