Experienced Monmouth County DWI Lawyer Mark T. Apostolou, Jr. Fights For Clients Charged With DWI Offenses
A charge of driving while intoxicated, or DWI is an extremely serious offense in New Jersey. You need an experienced Monmouth County DWI lawyer who knows how to put forward a successful defense, and not just attend court with you while you plead guilty. If you are caught driving with a blood alcohol concentration (BAC) of .08% or higher in New Jersey, you will be charged with a DWI. New Jersey also has what is known as an “implied consent law.” This means that if you refuse to submit to the “breathalyzer” test, you will be subject to a fine and automatic suspension of your license. You should never refuse to take a breath test, as it is against the law. You may have heard rumors or stories of friends or family saying that you should refuse to take the test, but it is usually much harder to fight a refusal charge in Court than to challenge that you were actually under the influence of alcohol. A refusal still carries a minimum 7 month loss of your driver’s license.
Defending Against the Alcotest
New Jersey’s “breathalyzer” test is the Drager Alcotest 7110, or simply the Alcotest machine. New Jersey adopted the Alcotest after the landmark DWI decision in State v. Chun found that the test was scientifically reliable. Mark T. Apostolou is experienced in defending against Alcotest results. A Monmouth County DWI lawyer at Shebell & Shebell can help you make the best defense possible to try to eliminate or lower your DWI penalties.
The Alcotest takes two separate breath samples, and sends them through the machine’s two testing chambers. The first chamber uses a chemical reaction from an electrochemical cell (known as the EC result). These results then flow to a second chamber where infrared lights, called infrared spectroscopy (the IR result), are obtained. The machine then purges itself of the air sample, and prepares for the subject to submit a second breath sample for testing. This process results in four distinct BAC readings, and it is designed to provide accurate results.
Many complex procedures are employed in administering the Alcotest and obtaining an accurate result. For example, police officers must observe the suspect for 20 uninterrupted minutes directly prior to taking the Alcotest, and remove all cell phones from the testing room. Mark T. Apostolou can help determine if any errors occurred, resulting in a wrongful arrest or wrongful charge of DWI.
There is No Significant Difference Between a DWI and DUI in New Jersey
The term “Driving Under the Influence,” or DUI, is used interchangeably with the term DWI in New Jersey. New Jersey’s DWI statute, N.J.S.A. 39:4-50, prosecutes every type of influence or intoxication the same – regardless of whether the subject was driving under the influence of a drug or alcohol. An experienced Monmouth County DWI lawyer can help explain to you the intricacies of the statute, and what defenses you may have. The first sentence of N.J.S.A. 39:4-50 simply makes it illegal to operate a motor vehicle ‘while under the influence’ of any intoxicating substance. Whether you have been arrested for driving under the influence of marijuana, prescription drugs, or alcohol, you should contact an experienced DWI lawyer immediately.
A Monmouth County DWI Lawyer at Shebell & Shebell Will Employ a Variety of Successful Defense Strategies on Your Behalf
Some of the common strategies for defending against a DWI charge include:
- Constitutional defenses: you may have been subject to an unconstitutional motor vehicle stop. If so, Mark T. Apostolou can file a motion to suppress unlawfully obtained evidence.
- Improper police procedures: at Shebell & Shebell, we can challenge field sobriety tests, the 20 minute observation period, administration of the Alcotest, or the Alcotest machine itself.
- We can employ the highest caliber experts to testify on your behalf.
Hiring the right Monmouth County DWI lawyer can save you money. The penalties for a DWI conviction, even for first time offenses, are very steep. First time offenders may be subject to costly fees, loss of license and potential jail time. By hiring the right lawyer, we can help prevent additional New Jersey fines and annual insurance surcharges that can cost you thousands. We can also help you fight against other penalties, including mandated use of an embarrassing and expensive ignition interlock device and community service.