Evening, weekend, and remote consultations available.
- Free Consultation
- or email
Why Choose Kraminsky Law for Your DUI/DWI Case
Experienced Legal Representation
With years of experience handling DUI/DWI cases in Paterson and Passaic County, we understand New Jersey law and the severe consequences of a conviction.
Personalized Defense Strategies
Every client receives an individualized approach. We take time to understand your unique situation and build a defense tailored to your goals.
Aggressive Courtroom Advocacy
We are prepared to take your case to trial. We challenge unlawful stops, faulty breathalyzers, and constitutional violations.
Compassionate Support
Navigating a DUI/DWI charge is stressful. Our team supports you every step of the way, keeping you informed and confident.
Understanding DUI/DWI Charges in New Jersey
In New Jersey, DUI and DWI are the same offense under N.J.S.A. 39:4-50. A conviction carries serious penalties, including:
- Fines and court costs (up to $1,000+ for first offense)
- License suspension (3 months to 1 year or more)
- Mandatory IDRC (Intoxicated Driver Resource Center) program
- Ignition interlock device requirement
- Possible jail time, especially for repeat offenders or high BAC
Important: A DUI/DWI conviction stays on your record permanently. New Jersey does not allow expungement of DUI offenses, which can affect employment, insurance, and professional licenses.
Potential Defenses to DUI/DWI Charges in Paterson
Every DUI case is unique. A strong defense depends on the facts of your arrest and law enforcement conduct. Potential defenses include:
Unlawful Traffic Stop
Police need reasonable suspicion to pull you over. If the stop was illegal, evidence may be suppressed.
Inaccurate Breathalyzer
New Jersey uses the Alcotest 7110, which requires proper calibration and operator certification. Errors can invalidate results.
Rising Blood Alcohol
Your BAC at the time of driving may have been lower than at the time of testing hours later.
Medical Conditions
Acid reflux, diabetes, or a low-carb diet can skew breath test results.
Improper Field Sobriety Tests
These tests are voluntary and often administered incorrectly due to weather, road conditions, or footwear.
Constitutional Violations
Illegal arrest or violations of your rights may affect admissibility of evidence.
Our Comprehensive DUI/DWI Defense Services
Case Evaluation
We examine the legality of the traffic stop, breathalyzer results, and potential errors during arrest.
Motion Practice
We file pretrial motions to suppress evidence or dismiss charges when police violate your rights.
Negotiation with Prosecutors
We work to achieve the best possible result, seeking dismissal, alternative sentencing, or reduced penalties.
Trial Representation
If your case goes to trial, we advocate vigorously for a not guilty verdict or reduced penalties.
Appeals
If necessary, we help explore options for filing an appeal when your rights were violated.
Frequently Asked Questions About DUI/DWI in Paterson, New Jersey
Q: Can a DUI charge be dropped in Paterson, New Jersey?
A: Unlike some states, New Jersey does not allow a DUI to be reduced to a non-alcohol offense like reckless driving. However, an attorney can challenge the stop or breathalyzer to seek a dismissal of charges or a not guilty verdict at trial.
Q: Will I lose my license immediately after a DUI arrest in Paterson?
A: Not automatically. If you fail or refuse a breath test, police may issue a 7 to 12 month suspension at the time of arrest. You have a short window to request a hearing at the New Jersey MVC to challenge that suspension.
Q: How long does a DUI stay on my record in New Jersey?
A: Permanently. New Jersey does not permit expungement of DUI or DWI convictions. This makes a strong defense critical for protecting your record.
Q: What is the IDRC program?
A: The Intoxicated Driver Resource Center is a mandatory education and evaluation program for all New Jersey DUI convictions. Participants pay fees, attend classes, and undergo substance abuse assessment.
Q: Do I need a lawyer for a first time DUI in Paterson?
A: Yes. Even first time penalties include fines up to $400, license suspension of three months to one year, IDRC fees up to $1,000, ignition interlock for three to twelve months, and possible 30 days in jail. An attorney can help minimize these consequences.
Q: Can I refuse a breathalyzer in New Jersey?
A: You can refuse, but New Jersey has an implied consent law. Refusal results in a separate 7 to 12 month license suspension and fines up to $1,000, regardless of whether you were actually intoxicated.
Q: What happens if I am arrested for DUI near Route 20 or I-80 in Paterson?
A: Arrests on major Paterson roadways are common. Your case will typically be heard at Paterson Municipal Court or transferred to Passaic County Superior Court in downtown Paterson. Local knowledge of these courts and their prosecutors is valuable.
What to Do After a DUI Arrest in Paterson
- Exercise your right to remain silent
- Do not discuss the case with anyone except your attorney
- Write down everything you remember about the stop and testing
- Comply with all court orders and deadlines
- Contact an experienced New Jersey DUI defense lawyer immediately
Early intervention by a criminal defense attorney can significantly affect the outcome of your case.
Office Locations Serving Paterson and All of New Jersey
We represent clients in Paterson Municipal Court, Passaic County Superior Court, and Municipal Courts and Superior Courts across Passaic, Bergen, Morris, Essex, Hudson, and all New Jersey counties.
Contact a Paterson DUI/DWI Attorney Today
Facing DUI or DWI charges in Paterson? Do not wait. Prosecutors begin building their case immediately after an arrest. Kraminsky Law is prepared to fight for your rights, your freedom, and your future.
Free, confidential, no obligation case review. Evening, weekend, and remote consultations available. We answer calls 24/7.