Over 1,000 DUI cases resolved
After a DUI arrest, every decision matters.
The wrong move can cost you your license, or your freedom. We’re here 24/7 to protect your rights.
Don’t speak to police without an attorney.
Penalties at a glance: what you’re facing
1st offense
- Fines: $250 – $500
- License suspension + interlock device
- Up to 30 days in jail
- IDRC program (12–48 hours)
- $1,000/year insurance surcharge (3 years)
2nd offense
- Fines: $500 – $1,000
- 1–2 year license suspension
- 48 hours mandatory jail
- 30 days community service
- Interlock device (2–4 years)
3rd offense
- Fine: $1,000
- 180 days jail (may be reduced for rehab)
- 8 year license suspension
- Interlock device (2–4 years)
- $1,000/year insurance surcharge
Good news: the 10-year step-down rule. If your prior DUI was more than 10 years ago, it may not count for sentencing purposes. Call us to see if you qualify.
Why Kraminsky Law should be your DUI defense
24/7 availability
Arrests don’t happen 9-to-5. Neither do we. Call anytime: nights, weekends, holidays. While other lawyers leave you waiting until Monday, we’re here now.
Over 1,000 DUI cases resolved
Alan Kraminsky has successfully defended thousands of DUI clients across New Jersey. We know the local prosecutors, judges, and procedures in every municipal court.
Access to DUI expert witnesses
We work with retired law enforcement officers qualified as expert witnesses to challenge field sobriety tests and Alcotest results.
The DUI arrest process: what to expect
- 1
Stop & investigation
A traffic violation leads to standardized field sobriety tests (SFSTs).
- 2
Arrest
The officer arrests based on observed impairment.
- 3
Booking & Alcotest
At the station, you’re asked to provide a breath sample.
- 4
Release & summons
You’re released to a sober driver and a court date is assigned.
Field sobriety tests and the Alcotest
Standard field sobriety tests
Officers use three standardized tests to look for impairment:
- Horizontal gaze nystagmus (eye test)
- Walk-and-turn
- One-leg stand
These tests are often administered incorrectly. We challenge them.
The Alcotest breathalyzer
If your BAC is 0.08% or higher, you will be charged. But the machines can be faulty: improper calibration, operator error, or medical conditions can affect results.
We request maintenance records and training certificates to challenge every test.
What happens if you refuse the breath test?
New Jersey has an “implied consent” law. By driving, you’ve already agreed to provide a breath sample when lawfully arrested. Refusal results in:
- A separate charge under N.J.S.A. 39:4-50.2
- License suspension (7 months to 1 year for a first offense)
- Fines and the IDRC program
- An interlock device requirement
Important: police do not need to give Miranda warnings before asking for a breath sample. The breath test is non-testimonial.
How we fight your DUI case
Challenging the stop
Did the officer have reasonable suspicion to pull you over? If not, evidence may be suppressed.
Attacking the Alcotest
We request calibration records, maintenance logs, and officer training certificates to find errors.
Medical conditions
GERD, diabetes, and neurological disorders can mimic impairment or affect BAC readings.
Trial-ready defense
Many attorneys plead everything. We take your case to trial when it’s in your best interest.
Complete New Jersey DUI penalty guide
First offense DWI (BAC 0.08% – 0.10%)
- Fines: $250 – $400
- Up to 30 days in jail
- License suspension + interlock device (30 days minimum)
- 12–48 hours IDRC program
- $1,000/year insurance surcharge (3 years)
First offense DWI (BAC 0.10% – 0.14%)
- Fines: $300 – $500
- Up to 30 days in jail
- License suspension + interlock device (7–12 months)
- 12–48 hours IDRC program
- $1,000/year insurance surcharge (3 years)
First offense DWI (BAC 0.15% or higher)
- Fines: $300 – $500
- Up to 30 days in jail
- License suspension 4–6 months + interlock (9–15 months)
- 12–48 hours IDRC program
- $1,000/year insurance surcharge (3 years)
First offense DUI (drugs, no BAC)
- Fines: $300 – $500
- Up to 30 days in jail
- License suspension 7–12 months
- 12–48 hours IDRC program
- $1,000/year insurance surcharge (3 years)
Second offense DWI
- Fines: $500 – $1,000
- 48 hours mandatory jail
- 30 days community service
- License suspension 1–2 years + interlock (2–4 years)
- 48 hours IDRC program
- $1,000/year insurance surcharge (3 years)
Third offense DWI
- Fine: $1,000
- 180 days county jail (may be reduced for rehab)
- 8 year license suspension
- Interlock device (2–4 years)
- $1,000/year insurance surcharge (3 years)
The 10-year step-down rule: if more than 10 years have passed since your prior DUI, it may be excluded for sentencing purposes. For example, a third offense may be treated as a second offense.
Convenient office locations
With offices in Clifton, Parsippany, and Fair Lawn, we serve clients throughout Passaic, Bergen, Morris, Essex, and Sussex Counties. We appear in municipal courts across all of North Jersey.