Have you ever thought about what happens after a DUI arrest in New Jersey? The trauma and legal proceedings can disrupt your daily routine and require additional effort. In DUI incidents, when you are pulled over, tested, and arrested, the likelihood of legal formalities increases at every stage of the investigation. In such situations, the police officer can send you behind bars with penalties and other punishments for violating traffic regulations. 

However, your legal journey is only starting. Although New Jersey can be harsh on drivers, a conviction is far from certain. With the help of an experienced DUI lawyer NJ, you’ll enhance your chances of contesting the charges, dismissing evidence, and evading numerous penalties.

Wondering What Occurs After A DUI Arrest?

Understanding the circumstances and factors that can influence an arrest in DUI cases can help protect you from legal complications. However, if you are still uncertain, you can seek help from a DUI lawyer in NJ and proceed with the case, which may affect you in the following ways:

Arraignment

Arraignment is a formal hearing just a few days after your arrest. During this important session, the court will officially state the charges against you, and you'll have the opportunity to share whether you’re pleading guilty or not guilty.

If you’ve hired an attorney, they might request to excuse you from attending the arraignment. Yet, some judges mandate your presence, irrespective of having legal representation.

Pre–Trial Conference

Following the arraignment, a court date will typically be set, generally 3-4 weeks post-arrest. If your attorney has received the police reports by then and all potential defences against the charges are established, the case can be promptly settled by trial or plea.

Typically, a delay is necessary to achieve complete “discovery,” identify your strongest defences, and engage with potential experts. The latest feasible postponement will likely be within 7 weeks of your arrest.

You will often have just one court date after your arraignment, during which you will either go to trial or resolve your case by entering a plea.

Suppression Hearing

If your constitutional rights are violated, the Court might suppress some or all evidence against you. Your lawyer will submit motions to suppress during the trial after reviewing the police reports or "discovery" related to your arrest.

No Plea Bargaining

Plea bargaining is a helpful arrangement between a defendant and the State’s prosecuting DUI lawyer NJ. In this process, the defendant pleads guilty to a lesser charge, often leading to a more lenient sentence. Plea bargaining is a way to navigate the legal system that can benefit both parties!

The Supreme Court has ruled out plea bargaining for DWI charges. The State must establish its case against you beyond a reasonable doubt, or it can choose to dismiss the case or reduce it to a lesser charge more suitable for the offence.

Judge Trial

New Jersey does not allow jury trials in DWI matters. Your case will be heard before a Municipal Court judge. Resolution of your case, whether by trial or plea, must be within sixty days after your arrest. There are some variations to this, but the courts attempt to follow this rule strictly.

Sentencing

The Court imposes a sentence after a conviction at trial. Sentences may include jail time, community service, alcohol classes and fines. You may get the punishment based on your case and severity. However, a DUI lawyer in NJ can challenge the court's judgment and appeal further in your favor. 

Appeal

To challenge a judgment, appeals must be substantiated on positive grounds. Your DUI lawyer NJ can assess your rightful compensation and demand it for your loss. Cases that are unsuccessful in the Municipal Court may still find success through an appeal.

Post Conviction Relief

If you're caught driving under the influence (DUI) a second or third time, the penalties are harsher than the first time. But, if you think you weren't represented fairly by your lawyer in your previous DUI case, you might be able to challenge that conviction and get it overturned.

How Can You Prove Your Innocence?

Although every case is unique, many individuals charged with DUI will have several defences at their disposal. Below are some of the most effective methods to avoid a drunk driving conviction in New Jersey:

Prove You Were Sober

Raise questions about the prosecution’s proof to instil reasonable doubt. If the BAC test results are evidence, consider: Was the Alcotest calibrated? Was the test administered properly? Did your BAC rise after being pulled over? Your lawyer will investigate these issues to challenge the evidence.

Have The Prosecution’s Evidence Suppressed  

If the prosecution has robust evidence, can you argue for its suppression in your case? If law enforcement detained you without reasonable suspicion, arrested you without probable cause, or infringed upon your Constitutional rights, any evidence collected might be deemed inadmissible in your case trial.

Present Evidence Of A False Positive Bac Test Result

Studies indicate that various non-alcoholic substances can lead to misleading BAC test results. Factors that may compromise a BAC test include specific dental procedures, mouth jewellery, and RFI-emitting device devices.

Plead To A Lesser Charge

If you are facing a conviction at trial, your best course of action is to plead to a lesser charge. Although plea bargaining for a DUI case is not permitted in New Jersey, if the State’s case is not strong, the prosecutor may dismiss the DUI and allow you to plead to a different charge with lighter penalties. Keep in mind that any resolution of this type would still need to be approved by the court approval.

Make Sure You Have A Sober Ride Home

The best way to prevent a DUI is to avoid getting pulled over. If you plan to drink, make sure you have a sober way to get home. This could be through a designated driver, a rideshare service such as Uber or Lyft, or another secure mode of transportation.