Driving While Intoxicated

/Driving While Intoxicated
Driving While Intoxicated 2019-04-26T11:57:21-07:00

Tinton Falls NJ Driving While Intoxicated Attorney

Getting charged with driving while intoxicated (a.k.a. “DWI”) in the borough of Tinton Falls can be stressful and intimidating.  The primary reason is because NJ Law imposes serious penalties for this violation. What is key to your success in avoiding these ramifications is to is selecting a skilled attorney. At Marshall, Bonus, Proetta & Oliver, we have over 100 years of collective experience defending driving while intoxicated and operating under the influence of drugs cases. Our team includes attorneys that have been former prosecutors in over 25 municipalities, five attorneys certified in the operation and maintenance of the Alcotest 7110, the test used by the state to determine BAC at the time of arrest, and attorneys certified as instructors in Field Sobriety Testing.  We believe that these qualifications are instrumental in establishing in a favor track record in Tinton Falls Municipal Court. To speak to a lawyer on our staff in a free initial consultation, call our Tinton Falls Office at 732-542-1023.

Proving A Driving While Intoxicated Offense in Tinton Falls

Two elements must be proved beyond a reasonable doubt by the prosecutor in order for you to be convicted of driving while intoxicated under N.J.S.A. 39:4-50.  First, it must be established that you were “operating” a motor vehicle and, second, that you were “intoxicated” at that time.  Operation is often proven in these cases through testimony of the arresting police officer that he or she observed the suspect driving a car, truck or motorcycle. In other cases, this requirement is satisfied circumstantially, for example, the police arriving at an accident scene with the defendant seating in the driver’s seat. In terms of the second element of “intoxication”, this is customarily fulfilled through a breath test or blood test revealing a blood alcohol concentration of .08% or higher. A blood or breath test that produces a reading at or above this limit is considered a “per se” violation. In cases where scientific evidence is not available, Field Sobriety Testing may be used to establish intoxication. These tests include the One Leg Stand Test, Walk and Turn Test, and ABC test. If the state is able to prove both of these elements, it will obtain a conviction for driving under the influence thereby subject the defendant to the penalties that apply to their first offensesecond offense or third offense.

Driving While Intoxicated Lawyers in Tinton Falls

The biggest mistake that our lawyers encounter in cases like yours involves the presumption by many that they have already been found guilty of this charge. This thinking could not be further from the truth in reality as a Tinton Falls DWI Attorney at our firm succeeds in defending this offense far more frequently than you probably think. The key to achieving favorable outcomes comes down to both experience and commitment to see a case through. The attorneys at Marshall, Bonus, Proetta & Oliver are prepared to invest their skills so that you have every chance of avoiding a driving while intoxicated conviction. To discuss the specifics of your case with a knowledgeable member of our staff, call us in Tinton Falls at 732-542-1023.