Alcohol DUI

Innocent Unless Proven Guilty

Driving under the influence (DUI) is a very serious motor vehicle offense in New Jersey.  If you are arrested for operating a vehicle or vessel while having a blood alcohol concentration (BAC) of 0.08% or more, then you will face severe penalties—possibly even jail time for a first offense. BAC is measured using the Alcotest machine that New Jersey’s Supreme Court approved in State v. Chun, 194 N.J. 54 (2008). Note that the Alcotest will be replaced with new technology within the next few years. This makes it all the more important to hire an attorney like Fred Sisto, with the skills and imagination to spot and successfully litigate novel issues. DUIs are all too common in New Jersey. In 2013 alone, more than 24,000 people were arrested for driving under the influence. The state has cracked down on DUI, arguably more than ever, and warnings alone are almost never given.

Penalties for DUIs

Penalties given to individuals for their first conviction will vary depending on the level of BAC at the time of arrest.

If a breathalyzer test reads between 0.08% and 0.10%, then the following penalties are assessed:

  • A three-month loss of license
  • Six different fines totaling from $3,755 to $3,905
    • $250-$400 state fine
    • $230 Intoxicated Driver Resource Center (IDRC) fee
    • $100 to the drunk-driving fund
    • $100 to the Alcohol Education and Rehabilitation Fund (AERF)
    • $1,000 per year surcharge for three years
    • $75 to the Neighborhood Services Fund
  • A prison term of up to thirty days
  • Mandatory 12-48 hours attendance at an IDRC program

If the Alcotest reads .10 – .14%, then the same penalties, as listed above, are assessed. The exception being loss of license, which is increased to a range of seven months to one year, along with an increase in state fines from $300 to $500.

However, when a breathalyzer test reads 0.15% or greater, then, in addition to the penalties for a .10 or above reading, an ignition-interlock device will be installed in the defendant’s vehicle during license suspension, and it will remain in the vehicle for six months to one year after the suspension.

For information on penalties for repeat offenses, visit the New Jersey State Website .

Defenses against DUIs

If you are arrested for a DUI, then having an experienced lawyer by your side is absolutely vital. As noted above, there is a range of penalties. Fred Sisto can implement a defense that minimizes your chances of receiving the maximum sentence. In addition, there are many defenses he can use to prove you were not guilty of a DUI. These defenses include:

  • Proving that you were not operating the vehicle, but were using it as a safe place to wait until you were sober or until such time a sober driver could pick you up
  • Questioning the accuracy of the Alcotest and its calibration
  • Showing that the arresting officer used illegal methods to conduct your arrest
  • Gathering evidence of errors made by the state during the arrest process

Being arrested for a DUI is taken very seriously in New Jersey.  Without a lawyer at your side, you are likely to be convicted of as many offenses as possible. Call Fred Sisto for a free consultation at (732) 898-3232 and to receive expert advice about your particular situation.

Alcohol DUI
Excellent rating
Based on 288 reviews
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Especially given the situations we had to work under right now with COVID-19, I am glad to have had Fred Sisto represent me. The outcome was much better than anticipated, and he always ensured to maintain proper communication, including not going any further until you 100% understood what's going on, and made a point to keep me updated as much as possible with any of the incoming changes due to quarantine (which was confusing for me at first). Always has your best interests in mind, and an all-around great attorney and person.
Mel C
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Thank you very much for your information on DUI check points. It is a great asset to the community . 5 stars for sure!
James P
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Fred always publishes where local DWI Checkpoints are going to be! He is also a very prominent Attorney in the Ocean County areas of Point Pleasent and Now a new Brick office!
Michael K
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Realmente es un gran abogado, me ayudo muchísimo en todo este proceso y sobre todo que habla español que es una de las cosas importantes para mi. Por que lo hizo mas entendible y facil cada una de las cosas que tenía que hacer y su amabilidad y paciencia para poder explicarme qué tenía que hacer. Además que mi caso fue un éxito gracias a él ya cada uno de sus conocimientos y a su apoyo en todo momento. Lo recomiendo 100%.
Luis A
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My boyfriend used Fred Sisto twice and had nothing but positive results. Fred was professional, courteous, and punctual. His office was also very attentive and understanding when he had to speak with them regarding his case. I would recommend using Fred to anyone in the monmouth or ocean county region if they had any criminal case regarding the possession of marijuana
C
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Fred was great and very reasonable. He was extremely easy to get ahold of or very quick to return my calls. I was able to get my charge dropped altogether. I highly recommend Fred!
Jasmine C
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Fred was very professional, competent, and a pleasure to deal with I cant thank him enough I highly recommend his services
Mildred T
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Recently I encountered some legal matters in the state of New Jersey during my visit and it would have became serious if it was not taken care of. Mr. Sisto and I discussed the case through the phone and exchanged documents through email. Since I was unable to travel back and forth due to restricted time, I have asked Mr. Sisto to handle the case on my behalf. I was very pleased with the result and would recommend Mr. Sisto for any legal matters.
Nam N
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Exquisite business ethic couldn't ask for a better service from a lawyer superior job def recommend to friends family and even strangers
Lukas A
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Fred is fast, attentive and excels at what he does. He provides reasonable and professional advice when your are dealing with complex and stressful legal situations. He is straight to the point and does not wast time. I would use him again and definitely recommend.
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