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.
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.
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:
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. However a $300 fine, up to 6 months of probation, alcohol safety school, and other treatment may be imposed.
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 1-609-257-4019 or contact us online.