If you have been charged with driving under the influence (DUI) or driving while intoxicated (DWI) in Freehold, Point Pleasant, or anywhere in Monmouth County or Ocean County, you are facing serious legal consequences. A DUI conviction in New Jersey can impact every aspect of your life, from your freedom and finances to your driving privileges and professional opportunities. Even a first offense carries penalties that can include heavy fines, license suspension, increased insurance premiums, and possible jail time.
At Mallon and Tranger, we understand that good people sometimes find themselves in difficult situations.
Our DUI defense attorneys have decades of experience representing clients in Freehold, Point Pleasant, Toms River, Asbury Park, Brick, Long Branch, and other communities throughout Monmouth County and Ocean County. We know how aggressively New Jersey prosecutors pursue DUI cases, and we are committed to protecting your rights, your reputation, and your future.
Our legal team has defended clients against DUI and DWI charges in both the Monmouth County Superior Court in Freehold and the Ocean County Superior Court in Toms River, as well as in numerous local municipal courts. Whether you are facing your first offense or a repeat charge, we have the knowledge, skill, and local insight to provide a strong defense.
DUI and Drunk Driving Laws in New Jersey
In New Jersey, the terms “DUI” and “DWI” are often used interchangeably. Both refer to the offense of operating a motor vehicle while under the influence of alcohol or drugs. Under
N.J.S.A. 39:4-50, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.
For commercial drivers, the legal BAC limit is lower, at 0.04%. Drivers under the age of 21 are subject to a zero-tolerance policy, meaning any detectable amount of alcohol in their system can result in penalties. Importantly, you can also be charged with DUI or DWI in New Jersey if you are impaired by drugs, whether prescription, over-the-counter, or illegal substances.
Law enforcement officers in Freehold, Point Pleasant, and throughout Monmouth County and Ocean County often use field sobriety tests, breath tests, and, in some cases, blood or urine tests to determine impairment. However, these tests are not infallible. Breathalyzers can malfunction, officers can make procedural errors, and medical conditions can produce false positives.
Is There a Difference Between a DUI and DWI in New Jersey?
In many states, “DUI” and “DWI” are separate offenses, but in New Jersey, they are treated the same under the law. Whether your ticket says DUI or DWI, the charges and potential penalties are identical. What matters most is the evidence against you, the circumstances of your arrest, and the defense strategy your attorney employs.
At Mallon and Tranger, we have successfully challenged DUI evidence in Freehold, Point Pleasant, and across New Jersey by questioning the legality of the traffic stop, the accuracy of BAC testing, and the way field sobriety tests were conducted.
Consequences and Penalties of a DUI in New Jersey
New Jersey imposes some of the strictest DUI penalties in the country, and those penalties become more severe with each subsequent offense. Whether your case is heard in Freehold, Point Pleasant, or another community in Monmouth County or Ocean County, a conviction can bring lasting legal, financial, and personal consequences. These penalties not only affect your immediate future but can also create challenges for years to come.
First Offense (BAC 0.08%–0.10%)
- Fines of $250 to $400: These court-imposed fines are only the beginning, as you will also face surcharges and other administrative costs.
- Up to 30 days in jail: While many first-time offenders avoid lengthy jail terms, judges have the discretion to impose up to a month in county jail.
- Mandatory attendance at the Intoxicated Driver Resource Center (IDRC): This program involves alcohol and drug education, screening, and evaluation and must be completed before your driving privileges can be restored.
- License suspension until an ignition interlock device is installed: You will be required to install an ignition interlock in your vehicle, which prevents it from starting if alcohol is detected on your breath.
- Increased insurance premiums: New Jersey’s auto insurance surcharge for DUI convictions adds significant costs for several years.
First Offense (BAC 0.10%–0.15%)
- Fines of $300 to $500: Higher BAC levels lead to increased financial penalties.
- Up to 30 days in jail: Judges may impose a jail sentence depending on the circumstances of the case.
- Seven to twelve months with an ignition interlock device: This requirement limits your ability to operate any vehicle without the device installed.
- Mandatory IDRC participation: You must complete all program requirements, which include classroom education and possible referrals for additional treatment.
First Offense (BAC above 0.15%)
- Mandatory ignition interlock during suspension and for 9 to 15 months after reinstatement: This is one of the most restrictive penalties for first-time offenders and severely impacts daily transportation needs.
- Longer suspension period: A judge can impose an extended suspension based on the high BAC level and any aggravating factors, such as reckless driving or accidents.
Second Offense
- Fines of $500 to $1,000: These fines are in addition to court costs, surcharges, and possible restitution if an accident occurred.
- Minimum two-year license suspension: This lengthy suspension will significantly affect employment and personal obligations.
- Forty-eight hours to 90 days in jail: The court must impose at least two days in custody, with the potential for up to three months.
- Thirty days of community service: This requirement is mandatory and must be completed in addition to any jail time.
- Ignition interlock device for one to three years after license restoration: This continued restriction adds both cost and inconvenience.
Third or Subsequent Offense
- $1,000 fine: This is the maximum base fine allowed for DUI in New Jersey.
- Eight-year license suspension: Losing your driving privileges for nearly a decade can cause significant disruption to your livelihood, particularly in areas like Freehold and Point Pleasant, where public transportation options are limited.
- Minimum 180 days in jail: Half of this time may be served in an inpatient alcohol treatment facility if approved by the court.
- Ignition interlock for up to three years after reinstatement: Even after serving your sentence and regaining your license, strict monitoring continues.
Collateral Consequences of a DUI Conviction in New Jersey
In addition to the direct legal penalties, a DUI conviction can have lasting effects that follow you long after your case is resolved:
- Employment difficulties: Many employers conduct background checks, and a DUI conviction can hurt your chances of getting a job or keeping your current position.
- Loss of professional licenses: Certain careers, including commercial driving, healthcare, and education, require licensing that can be revoked or suspended after a DUI.
- Higher insurance rates: Beyond the state’s surcharges, most insurers will significantly raise premiums, sometimes making coverage unaffordable.
- Damage to your reputation: In smaller communities like Freehold and Point Pleasant, news of an arrest or conviction can spread quickly, leading to social stigma.
- Travel restrictions: Some countries restrict entry for individuals with certain criminal convictions, including DUI.
Because the consequences are so severe, it is critical to work with an experienced New Jersey DUI defense attorney who can evaluate your case, identify weaknesses in the prosecution’s evidence, and fight to protect your driving privileges, your record, and your future.
Who Can Be Held Liable in a Drunk Driving Accident?
When a drunk driving accident occurs in Freehold, Point Pleasant, or anywhere in Monmouth County or Ocean County, determining liability is a critical part of both criminal and civil proceedings. While the intoxicated driver is typically the first person held responsible, New Jersey law allows for multiple parties to be held liable depending on the circumstances. Understanding who may share legal responsibility is essential, particularly in cases involving severe injuries or fatalities.
The Drunk Driver
- Primary Liability: The person operating the vehicle while under the influence of alcohol or drugs is usually the main party held responsible for the accident. In both criminal and civil court, the driver can face DUI charges, fines, possible jail time, and personal injury or wrongful death claims from victims.
- Local Impact: In Freehold, Point Pleasant, and surrounding communities, prosecutors in Monmouth County and Ocean County take drunk driving accidents extremely seriously, often pursuing the maximum allowable penalties.
Bar, Restaurant, or Liquor Store Owners
- Dram Shop Liability: Under New Jersey’s Dram Shop Law (N.J.S.A. 2A:22A-4), businesses that serve alcohol to a visibly intoxicated person or to someone under the legal drinking age who later causes an accident can be held financially liable for damages.
- Example: If a bar in Asbury Park or a restaurant in Brick continues to serve alcohol to a customer showing obvious signs of impairment, and that person later causes a serious crash in Point Pleasant, the establishment could face a lawsuit in addition to the driver’s charges.
Social Hosts
- Private Gathering Responsibility: Social host liability applies when a private individual serves alcohol to a visibly intoxicated adult or to a minor at a home or private event. If that guest then drives and causes an accident, the host could be held partially responsible.
- Local Scenario: For example, if someone in Freehold hosts a graduation party and serves alcohol to a minor who later gets behind the wheel and causes an accident in Ocean County, the host may face civil liability for the resulting injuries or damages.
Vehicle Owners
- Negligent Entrustment: If the intoxicated driver was operating a vehicle they did not own, the vehicle’s owner may be held liable if they knowingly allowed the person to drive while impaired or if they lent the car to someone with a history of reckless driving.
- Example: A car owner in Point Pleasant who gives their keys to a friend they know has been drinking could face legal action if that friend causes an accident in Monmouth County.
Identifying all potentially liable parties is important not only for victims seeking compensation but also for those facing charges, as civil liability can be intertwined with criminal prosecution. At Mallon and Tranger, we have represented clients in Freehold, Point Pleasant, Brick, Toms River, and other New Jersey communities where both criminal DUI charges and civil lawsuits were filed, requiring a strategic and coordinated defense approach.
How Can an Attorney Help With Your New Jersey DUI?
A DUI arrest in New Jersey can feel overwhelming, but having the right defense attorney can make a significant difference in the outcome. Our legal team provides strategic representation for clients in Freehold, Point Pleasant, and across Monmouth County and Ocean County.
Common defenses against a DUI include:
- Challenging the Stop: If the police did not have reasonable suspicion to make the traffic stop, the case could be dismissed.
- Questioning Field Sobriety Tests: Poor weather, medical conditions, or improper instructions can lead to unreliable results.
- Disputing Breathalyzer Accuracy: These devices require proper calibration and maintenance. Any error can affect the reliability of the reading.
- Medical Defenses: Certain conditions can mimic intoxication symptoms, such as diabetes or neurological disorders.
- Chain of Custody Issues: If the evidence was mishandled, it may not be admissible in court.
Can DUI/DWI Be Expunged in New Jersey?
Unlike many other criminal charges, DUI and DWI convictions in New Jersey are considered traffic offenses rather than crimes, and they cannot be expunged from your record. However, avoiding a conviction through dismissal, reduction of charges, or a not-guilty verdict is possible with an effective defense strategy.
At Mallon and Tranger, our goal is to protect your driving privileges, minimize penalties, and preserve your record whenever possible.
Additional Legal Services
In addition to providing aggressive defense for DUI and DWI charges, Mallon and Tranger offers skilled legal representation in a variety of other criminal defense matters for clients in Freehold, Point Pleasant, and throughout Monmouth County and Ocean County. Our attorneys handle:
- Drug Crimes
- Domestic Violence Defense
- Assault and Violent Crimes
- Theft and Property Crimes
- Juvenile Crimes
- White-Collar Crimes
- And more
No matter the allegation, our legal team applies the same level of preparation, strategy, and dedication to protecting our clients’ rights and reputations.
Contact Mallon and Tranger After a Drunk Driving Arrest in New Jersey
If you have been arrested for DUI or DWI in Freehold, Point Pleasant, or anywhere in Monmouth County or Ocean County, you need to act quickly. The sooner you have an experienced attorney on your side, the better your chances of achieving a favorable outcome.
Mallon and Tranger has offices conveniently located in Freehold and Point Pleasant, making it easy for clients in surrounding areas such as Asbury Park, Brick, Toms River, Long Branch, and Neptune to access skilled legal help. We offer confidential consultations to review your case, explain your rights, and outline a defense strategy tailored to your situation.
