Pennsylvania and New Jersey DUI and DWI Defense Attorney
Despite their unfortunate commonality, a DUI offense is a serious matter and can carry serious consequences. It is undoubtedly in the public interested for local police and state troopers to keep dangerous drivers off of the road. But in some instances police can be overzealous in this goal and end up doing more harm than good. By arresting drivers in borderline cases they are occupied and unable to patrol the roads for seriously impaired or dangerous drivers. Second, the harsh penalties for DUI can throw in question an individual’s ability to get to work, handle day-to-day tasks and otherwise be a productive member of society. Finally, in some instances the officer may incorrectly perceive behavior or be lead astray by a compromised Breathalyzer, or other chemical test, thus needlessly inflicting severe harm of the life of an innocent driver. The experienced attorneys of Young, Marr & Associates have represented thousands of New Jersey and Pennsylvania drivers charged with DUI. We work to protect you driver’s license, keep you out of jail and reduce or eliminate other penalties.
When Can a Driver be charged with DUI?
In both New Jersey and Pennsylvania a driver can be charged with a DUI if their BAC is .08 or greater. Likewise in both states, you can be charged with a DUI if your BAC is less than .08 if an officer perceives that you are impaired or driving unsafely. In both Pennsylvania and New Jersey, a DUI can be charged for operating a motor vehicle while under the influence of controlled substances or street drugs. For drivers under age 21 lower DUI thresholds apply: in New Jersey a BAC of .01 triggers a DUI, and in Pennsylvania a BAC of .02 applies.
DUI Penalties in Pennsylvania
In Pennsylvania, a first-time DUI offense when BAC is less than .10%, typically does not result in a license suspension nor is jail time required. This is outcome is not guaranteed, however. It is important to consult with an attorney regarding your defense options eligibility for programs that do not involve jail time or license suspensions. Also, fines, up to 6 months of probation, alcohol safety school, and other treatment could be imposed.
DUI Penalties in New Jersey
New Jersey and Pennsylvania have differing approaches to DUI. Generally speaking, New Jersey takes a more punitive approach to first-time offenders. However, in both states, the penalties are harsh and can greatly impact your ability to live your life. A first offense in New Jersey — unless occurring in a school zone, with a BAC greater than .10%, or when narcotics are involved where higher penalties would apply — can result in:
- up to 30 days in jail
- 3-month license suspension
- at least 12 hours in an Intoxicated Driver Resource Center
- a $1000 insurance surcharge for 3 years
- a $250 – $500 fine
- a $100 Drunk Driving Enforcement Fund surcharge
- a $100 Motor Vehicle Commission restoration fee
- a $100 Intoxicated Driving Program fee
- a Safe and Secure Community Program fee of $75
- a Violent Crimes Compensation Fund fee of $50
Providing Accelerated Rehabilitative Disposition Guidance in Pennsylvania
ARD is a program unique to the Commonwealth of Pennsylvania designed to spare first-time offenders, who are unlikely to repeat their offense, the time and expense typically associated with a criminal proceeding. Further, successful completion of your ARD program will result in the dismissal of your charges and provide you with a clean criminal history. While the District Attorney has the final say in whether you can participate in an ARD program generally you must not have had any prior criminal history and any previous ARD participation must have been more than 10 years ago. Further, a minor under the age of 14 cannot have been a passenger nor can a third party have suffered injury or death. Despite ARD’s benefits, you should consult with an experienced attorney before agreeing to the program. In some instances, the facts themselves may dictate that you should fight the charges.
Young, Marr and Associates offers experienced and committed DUI representation. We work to reduce or dismiss entirely the charges against you. If you have been arrested, don’t delay. Call us 24 hours a day, 7 days a week at 1-(609) 755-3115 or contact us online.
NO JAIL TIME
Commonwealth v. Houser (DUI case)
Client was charged with three separate DUI cases calling for mandatory minimum imprisonment of 90 days on each case. Client was advised to seek immediate intensive alcohol counseling. Client was sentenced to 1 year of house arrest after serving 3 days in the county prison.
Commonwealth v. Cohen (Felony drug/Firearms case)
Client was charged with felony Delivery of drugs and illegal gun possession and was facing a mandatory 3-6 year prison sentence in the State prison system. Client was sentenced to one year of house arrest.
Commonwealth v. Santiago
Client was charged with simple assault, domestic. After a hearing where evidence and testimony was presented, the entire case was dismissed by Judge Leonard Brown.
State of New Jersey v. Henderson
Charges for young man charged with second degree aggravated assault were downgraded to third degree and he was accepted into the County Pretrial Intervention program with charges to be dismissed and record expunged after one year of misconduct free behavior.
OUR CRIMINAL DEFENSE TEAM INCLUDES TWO FORMER DISTRICT ATTORNEYS
We have decades of experience dealing with local police departments, prosecutors, and judges throughout southeastern Pennsylvania and New Jersey.
Anyone facing charges involving a criminal offense can expect to experience a heightened degree of emotional turmoil, for themselves, as well as their family members. Our team of highly qualified criminal law attorneys and expert legal support staff are committed to providing each of our client’s with the compassion and understanding they deserve, as well as an aggressive plan for representation at an affordable price.
As former prosecutors, we have a balanced and in-depth understanding of the criminal justice system and how the prosecution prepares cases. In addition, we have long-standing experience dealing with local police departments, prosecutors and judges throughout southeastern Pennsylvania and New Jersey.
At Young, Marr and Associates, when we say “experience matters,” we mean it. Our lawyers, which include two former prosecutors and a former senior deputy district attorney bring more than three decades of criminal law experience, handling more than 10,000 criminal cases. It is precisely that experience that allows us to achieve outstanding results for our clients facing DUI, traffic, felony and misdemeanor charges in state, federal and juvenile courts.