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.

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 Based on 287 reviews 
    
  
 
 
      Fred Sisto  is compassionate! His forewarning  his network about DUI checkpoints are vital to public interests! He does what it NEEDED by giving us advanced notifications about avoiding situations! Thank you Fred!
     Joseph R 
 
 
 
 
    Mr. Sisto was not only a knowledgeable and excellent lawyer, he was compassionate and understanding during this difficult time. I found Mr. Sisto to always be available and he services were affordable and effective. You will not find a better lawyer.
     Joseph S 
 
 
 
 
    Fred is a good attorney because he is available 24-7 & always returned my calls..he makes your day in court brief so your not sitting in court all day.
     Karen P 
 
 
 
 
    Affordable, knowledgeable, efficient.
     Deb W 
 
 
 
 
    Very helpful services provided, updates make people think...
     Atlantic A 
 
 
 
 
    Very knowledgeable within every aspect of the law. Highly recommend his talent for your criminal defense.
     Will S 
 
 
 
 
    I had occasion to speak with Fred regarding one of my employees who was dealing with an extended revocation.  Fred gave me several suggestions which I passed on along with his name and number.  I think he used him and he is now back driving.  Fred was very professional and responsive even though I wasn't a client.
     Dave P 
 
 
 
 
    Fred is an outstanding lawyer. As a fellow attorney, I've relied on his expertise in several cases, and have referred clients to him with excellent results.
     Wyman 
 
 
 
 
    Mr. Fred Sisto handled a case regarding my business.  He was always available to answer my calls directly and helped me with any questions I had.  He also had the case dismissed before I was even able to make it to the court room!  I know it can be difficult when finding an attorney but I know I made no mistake choosing the law offices of
Frederick Sisto, I highly recommend him!!
     Kari J 
 
 
 
 
    Fred was a excellent choice for my case,  whatever he told on the first call exactly what happened in courtroom, very professional/ Down to earth, great in communication he reply’s no matter what time of the day or night it is. Very impresses with him and I finally found  my go to guy for every legal need.
     Sam S