Legal Question in DUI Law in New Jersey

Blood Alcohol Level

Does the blood alcohol level have any affect on the punishment one would receive for a DUI? Would having a perfectly clean driving record help situations?


Asked on 1/06/02, 8:18 pm

3 Answers from Attorneys

Evan Levow Lutz, Levow & Costello, P.A.

Re: Blood Alcohol Level

If the BAC level is very high, a judge may sentence at the higher end of what is permissible. Having a clean record does help, but having a good lawyer helps even more. There are many defenses to DWI. Please see my website, www.nj-dmv-dwi.com, and please call me - (800) 416-2790, (856) 428-5055, cell (609) 634-7308.

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Answered on 1/07/02, 7:31 am
John Pinho John Pinho

Re: Blood Alcohol Level May Equal Higher Sentence

Depending upon the court (judge), a higher DWI reading may result in a longer license suspension and/or jail depending on several factors.

The only way to defend yourself against a longer suspension period is to attempt to have the Prosecutor recommend a proposed period. The Judge however is in control of whether he will abide by the Proseuctor's recommendation.

For additional information on DWI, please review the 10 Most Frequently Asked Questions in New Jersey DWI at

www.njlawonline.com/dwiquest.htm

John M. Pinho

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Answered on 1/07/02, 4:25 pm
Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: Blood Alcohol Level

Yes, the BAC can affect the sentence that you receive and a clean driving record may help. Each case is different, however, and the outcome will depend on other factors also.

Prior to even reaching sentencing, however, there may be alternatives to a DUI conviction and/or defenses to the same.

I would need to know more abput your case. I am in Cherry Hill and offer free consultations. Feel free to contact me.

Thanks,

Daniel B. Kelley

(856)616-8080

[mailto:[email protected]]

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Answered on 1/09/02, 11:55 am


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