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Michigan DUI Criminal Defense Attorney Lawyer Home Contact Us Sitemap Firm Overview News Arrested in Michigan? We Can Help Michigan Laws › - Michigan Traffic Laws - Michigan Drunk Driving Laws Crimes › - Michigan DUI Criminal Sentencing - OUIL/OWI/UBAL Alcohol Assessment - Michigan Criminal Expungement - Violation of Probation, Assault & Battery Other States design: ElyDesign Studio 734-507-1333 or call our Toll Free, 24-hour Hotline at: 877-MY-CRIME (877-692-7463) Contact Us Contact The Law Office of Joseph F. Awad, P.C. for a Consultation with Michigan's Premier Aggressive and Experienced Michigan DUI Criminal Defense Attorney, Detroit Metropolitan Area Criminal Law Lawyer, OUIL Michigan DUI, OUIL, DWI UBAL defense firm. The firm handles all criminal defense matters, including: Felonies, Misdemeanors, DUI OUIL in Michigan, Violation of Probation, Larceny, Michigan OUIL, Assualt and Battery, Drug Trafficking, Drug Possession, Drunk Driving, Driving under the Influence, Domestic Violence, Retail Fraud and more. Click Here for Maps & Directions 30300 Northwestern Highway, Suite 250 Farmington Hills, MI 48334 By Phone: 734-507-1333 Or call our toll-free, 24 hour hotline at: 877-MY-CRIME (877-692-7463) By e-mail: jawad@michiganowi.com By Fax: 248-545-2353 Submit our Online Information Form for a FREE Consultation Name: Address: City: State: Zip: Phone: Fax: Email Address: Please enter your comments in the area below: Home | Contact Us | Sitemap Firm Overview | News | Arrested in Michigan? | We Can Help | Michigan Laws | Crimes | Other States Michigan Drunk Driving Law, Michigan DUI Legislation, Michigan Criminal Courthouses, Michigan OWI DWI OUIL DUI Breath Instruments, Michigan DMV Offices. ©2004 Joseph F.Awad Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. Please consult an attorney for individual advice regarding your own situation.
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DUI Defense Harvard Law San Jose Attorney, Specializing in DUI Defense California Specialist National College For DUI Defense Harvard Law School Graduate DUI College California Specialist National College For DUI Defense Harvard Law School Certified DUI Instructor DUI Attorney Randy Moore Specialist Drunk Driving Law Constitutional Rights Attorney 24 Hour Hotline 1-800-609-1060 Deuce Defender Specialist San Jose DUI Attorney Specialty Drunk Driving. The man to call for experienced and successful representation. DUI Attorney Randy Moore helps people arrested for DUI and California Drivers License Suspensions cases over the last 20 years. A nationally recognized leader in DUI defense . Past President , member, and lecturer of California Deuce Defenders (California State DUI Defense Group) Contributing editor California Drunk Driving Law by Kuwatch . Graduate National College for DUI Defense at Harvard . Certified breath expert . California State Bar speaker on " Winning Defenses against license suspension . Conducted training of DUI Attorneys for National College for DUI Defense at Harvard. Expert DUI defense in California . including: San Jose , Santa Clara, Palo Alto, San Mateo, Sunnyvale, Gilroy, Santa Cruz, Fremont, Hayward, San Francisco, South San Francisco, Redwood City, Sacramento, Fresno, Modesto ,and Monterey. Available for all California Courts 1-800-609-1060 (408) 298-2000 "Call Mr. Moore today, He will work hard to protect your rights" Out of State Residents Retain my law firm by telephone Special attention Outside San Jose, Santa Clara, and Residents outside of the Bay Area Lawyer referrals Lawyer Referrals to Randy Moore California Statewide Representation Available California DUI Specialist Click to see a list of courts San Jose, Santa Clara, San Francisco Bay Area, Sunnyvale, Palo Alto, San Mateo, Santa Cruz, Fremont, Hayward, Redwood City, Sacramento, South San Francisco, Modesto ,and Monterey. All California Courts. Retain my law firm by telephone All California Courts San Jose, Santa Clara, San Francisco Bay Area, Northern California, Central California, and Southern California M any people have entered guilty pleas in DUI cases without realizing that they are giving up valuable legal rights , and that various legal defenses may be available to them. Few lawyers are equipped to discover these defenses and successfully defend against a drunk driving arrest and charge. No one can ever give any guarantee of success, but your selection of a lawyer is the most important decision you make to protect yourself. It can make all the difference. Mr. Moore is available for DUI and suspended drivers license defense inall California Courts. Click to see a list of courts which lists Courts where Mr. Moorerepresents persons charged with DUI, drunk driving, with a desirablegeographical proximity to his San Jose, Santa Clara County, office. However, ifyou want Mr. Moore "the King" of DUI" to represent you in JuryTrial, or provide you with a serious defense he is available for all Californiastate courts. In DUI defense, selection of your lawyer makes all thedifference. Finding a lawyer with a significant history of successfuldefense and committed to winning against a DUI arrest ,the"impossible" case, is chancy. Few Attorneys in the state havedemonstrated a record of success in DUI Jury Trial. However, manycriminal lawyers accept these cases anyway. Many even promote and marketthemselves as DUI Attorneys without a history of success. Admittedly, awinning history is no guarantee of success in the future or in your individualcase. But you may want to consider it when selecting your Attorney. You may wishto consider it as well in selecting your lawyer to defend against suspension ofyour drivers license in the Admin Per Se DMV administrative license suspensionhearings. Mr. Moore says: "compare and beware". It is your choice. DUI defense is a specialized area of criminal defense. The prosecutor must prove a DUI beyond and to the exclusion of every reasonable doubt. Blood and breath tests can be challenged. The breath machine might have been in error, and the results could be challenged. The circumstances of the arrest might also be subject to legal attack. See for yourself . Review some actual Examples of success and Winning cases in DUI & Drivers license suspension cases . Then make your choice. For free personal telephone call with DUI Attorney Randy Moore fill out the on-line interview form . click What are your choices? Most everyone knows that it is always unwise to face a Criminal charge without the help of the best lawyer you can find. You know that a drunk driving charge is serious to you. Can you afford to take chances with your life, your employment, or your future? Randy Moore DUI Defense Legal Links Do It Yourself "If you must." For those who want the best top quality defense and help and advice from an experienced professional. DUI help, law, and, lawyers, includes DMV, For those do it yourself people who refuse to go any other way . DUI Specialist member California Deuce Defenders Free Advice : 12 ways to protect yourself now against a DUI charge WARNING ! Demand a DMV Hearing now 10 day deadline DUI Conviction Penalties Jail, fines Probation for years Criminal record, Loss of Drivers License click here for details Free DMV hearing Request Form click here Resume and Professional background of Randy Moore DUI publications, books, lectures, seminar materials by Randy Legal briefs, Trial and motion transcripts, by Randy Moore What "they" say about Randy Moore: Clients, Lawyers, & others Moore Law Firm San Jose office Examples of success See forYourself actual Success in DUI & license defenses Nationally Recognized in DUI Defense, DUI College Harvard Winning Cases Trial, DMV, dismissals Experience, Success, & Aggressive Representation. Randy Moore DUI Defense top quality defense and the help and advice of an experienced professional Expert DUI defense Trial, DMV, dismissals Drivers License suspension APS 20 years of success in DUI defense Past President , Specialist member, and lecturer of California Deuce Defenders (State DUI Defense Group) Contributing editor California Drunk Driving Law by Kuwatch. Graduate National College for DUI Defense at Harvard . Conducted training for National College for DUI Defense at Harvard. Certified breath expert . Expert DUI defense in Northern, Southern, and Central California including: San Jose , Santa Clara, Palo Alto, San Mateo, Sunnyvale, Gilroy, Santa Cruz, Fremont, Hayward, San Francisco, South San Francisco, Redwood City, Fresno, and Modesto. Click to see a list of courts Do you have any special concerns about an alcohol related criminal conviction or loss of your drivers license? Professional Licenses, Pilots professional drivers truck drivers, sales professionals Doctors, Lawyers, Law students, Realtors, Government employees, Child Custody, probation, immigration, Security Clearance, Police Officers ,Teachers, child care, Elder Care, politician, Taxi Driver, Bus driver, Business owner, Bartenders, company travel and car rentals, Future employment opportunities, military prior criminal record, Insurance, public figures, student admissions, criminal conviction, probation for years? "Call Mr. Moore today, He will work hard to protect your rights" ------------------------------------------------------------------------------- DO NOT PLEAD GUILTY ! Click a link to view your - Three Choices Randy Moore DUI Defense Legal Links Do It Yourself "If you must." For those who want a top quality defense and the help and advice from an experienced professional. For those who would like a list of DUI links for more information about DUI case For those "do it yourself" people who may end up with a fool for a lawyer. It is your right, in America. Being convicted of DUI can result in: Loss of liberty; Jail Loss of driving privileges Fines and court costs A criminal record Loss of employment WARNING ! Demand a DMV hearing immediately 10 day deadline FREE DMV Hearing request form Call (408) 298-2000 Other penalties may include years of higher insurance rates and a tarnished reputation. * It is never wise for you to plead guilty before you talk to your lawyer. Arrested for Driving Under The Influence/DUI? Attorney K. Randolph Moore represents people charged with Drunk Driving/DUI and other related offenses. If you are facing this serious charge without a lawyer, and you have not entered a guilty plea, you still have an opportunity to obtain representation in your case. There is no charge for the initial consultation. As you may know, the State of California has greatly enhanced the penalties for DUI in recent years. The first conviction may result in imprisonment, probation, a substantial fine, and a loss of driving privileges. Normally your car insurance rates will increase substantially if you are convicted of DUI. Once the conviction is entered by the Court, it is very difficult to challenge that conviction after the fact. A second conviction for DUI carries with it a stiff mandatory term of jail. Subsequent DUI convictions carry even more severe penalties, including long term jail sentences and permanent revocation of driving privileges. Many people have entered guilty pleas in DUI cases without realizing that they are giving up valuable legal rights, and that various legal defenses may be available to them. The prosecutor must prove a DUI beyond and to the exclusion of every reasonable doubt. The breath machine might have been in error, and the results could be challenged. The circumstances of the arrest might also be subject to legal attack. It is important for you to have a skilled attorney on your side in order to protect your valuable legal rights. Don't face the State alone. Call Attorney Randy Moore for a free consultation regarding the charges against you. You have nothing to lose and everything to gain. To protect your rights, call 1- 800-609-1060 or (408) 298-2000 .
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DUI InsuranceDUI Help - Drunk Driving Research Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos State Specific Articles California DUI Library Florida DUI Library Illinois DUI Library New Mexico DWI Library New York DWI Library Google Search Results Drunk Driving Research Library Breath Test Penalties Judge Removal in DUI Cases New DUI and DWI Laws for 2006 North Carolina DWI Mexico City DUI Tennessee Drunk Driving Boston Drunk Driving Laws Bicyclists and DUI The Cost of Alcohol Use and Abuse Insurance Institute Report on DUI - Great for Students Chances of Getting Stopped for DUI Passenger Gets DUI Ad Campaigns Reduce Drunk Driving Minnesota Man Gets 23rd DWI September Deadly Month for College Students Father Kills Daughter Walking Her Dog DUI Fine $71,000 DUI Crash Decapitates Friends Head, Driver Leaves the Scene Non DUI Drinker Needs Ignition Device 2/3 Children Killed in Auto Were With Drinking Driver Man Fakes Death to get out of DUI Utah's .04 Proposal Pilots Need Tighter Alcohol Screening Ohio's New Red DUI License Plate Bumper Stickers for DUI Offenders TN Roadblock - No Good AZ Wants DUI's in Newspaper Saab Has New Alcohol Key New Hampshire DUI Bicycle Case FAA DUI Program Pilots Below .10 Can't Be Prosecuted College Drinking - Changing the Culture Man Must Put DUI Sticker on Car How Vehicle Registration Locates People National DUI's Up 4% Crime Drops in 1995 15 Year Old Found DEAD Drunk After Christmas Party DUI Deaths Up in 1995 Limo Driver Drives Drunk Alcohol Crashes Up 1st Time in 10 Years Tragic DUI Case - Teenagers & DUI It Always Seems to be the Innocent Teen Dies with Toxic Mix of Aspirin and... What is the Most Stolen Car in America? DOT DUI Accidents and Injuries History of Drinking in America Ask the Drunk Driving Expert (?) Drunk Driver Shot - Oregon Trial Arm Patch Detects Alcohol Enzyme Where Does the Word Alcohol Come From? People Affected by Drunk Drivers Boating Under the Influence Join Together Online - Excellent Resource Alcohol and Taxes Budget Car Rental Responsible ($5M Verdict) Drug Hair Testing Georgia Supreme Court Says NO to Blood Tests New York Seizure of Cars Unconstitutional Alcohol and the Human Body ABI and the .08 Debate Olympic Committee May Ban Alcohol Advertising Harvard Study on Binge and Abstinence Las Vegas and DUI New York City Law Not Cut and Dry The Law's Victims in the War on Drugs Life In Prison for DUI Offender 137 Years For DUI Driver Gets 16 Years in Unborn Baby's Death DUI Process - Clear DUI Criminal Records Driver License Compact Members BAC Chart Is it Illegal to Drive without Shoes? Odd Questions from MI Increase Speed Limit and Death Rate - Lower! Judge Gorelick's New Book - An Excellent DUI Book NHTSA .08 Assessment (PDF Download) Woman Had Ten Times the BAC Limit Supreme Court Declines to Hear Ohio Roadblock Case The Father of Sobriety Checkpoints Double Jeopardy - The Court & The DMV Field Sobriety Test Blood Alcohol As a Measure of Intoxication Getting Stopped Madd Tracks State Laws Drunk Driving Fatalities - #'s the same Highest Road Deaths Worldwide MADD Reports DUI Deaths Up Highest DUI Related Deaths in U.S. Dallas Highest DUI Deaths No Medical Insurance Payments in DUI Case Gallup Poll - Drink and Driving DMV Reports on Ignition Interlock Device Scooter Patrol Takes DUI's Home Diabetes and DUI/DWI Alcohol Monitoring Device - SCRAM DMV vs Beverage Institute - Ignition Interlock Effectiveness Pilots Convicted of Flying Under the Influence Listerine = DUI Drunk Driving Accidents Up Miranda Rights What is Considered "Driving"? Oregon Taking Licenses for Out-of-State Suspensions Two DUI's in 5 Hours Worldwide Traffic Deaths Up Deportation and DUI - Supreme Court Ohio Court Rules on Hospital's Certification Zero Tolerance in D.C. DUI Deportation Military Full Dress for DUI's Physician's Report Alcohol Problems - Patients Lose License Alcohol-Related Car Deaths Down in 2004 85% Refusal Rate in Rhode Island Teens Video Tape themselves DUI! MADD: Tie One On For Safety Minnesota Last State to Drop BAC to .08 DUI Court Ordered Impact Panel U.S. Supreme Court Upholds Forefiture Ruling (re APS License Suspensions) Elements of Defense of Drunk Driving Cases Check Out State D.O.T./DMV's Online U.S. vs Ursery Atlanta Hawks Ed Gray Charged with DUI DUI's and Mental Health Student Gives Bottle Charged w/ Manslaughter French Wine Industry Recommends 2 Drinks for Driving 5 Years in Jail if Found Drunk Drunk Driving Deaths Down - 1/4/04 Taipei Fines Passengers of DUI's Nevada's New Drug Driving Law Georgia Beer - More Alcohol 14% Alcohol Industry and Underage Drinkers Drinking While Driving Still Legal Legal to Drive w/Marijuana (not in CA) Alcohol and Marijuana Interaction Alcohol Consumption and Recession Man Eats Underwear to Avoid BAC Test Ignition Interlock Study Driving While Suspended Study DUI Under the Legal Limit Young Adults Educating Responsible Drinking Laws Don't Seem to Effect Bars From Servers 17 States Resist .08 Tim Allen Arrested for DUI Tim Allen Waives Arraignment "Frasier" Kelsey Grammer Arrested for DUI Oksana Bayul Ordered 25 Hrs Comm Svc Leigh Stienberg Arrested for DUI Colleges Campaign Against Drinking Doing a Report? Need Statistics? Go Here BJS Special Report - DUI/DWI Offenders - Great National and State Statistics for Reports (PDF Download) Washington Wants to Lower BAC Levels BCAA Calls For Assessment of DUI's High Fines for No Insurance Tips on Inexpensive Insurance Ask Mr Traffic - Kenny Morse Some Companies Refuse DUI's Health Insurance DUI Suspect Beaten Prosecutor's Office Reports Diana's Driver Was Drinking Cellular Phones Can Be Hazardous Drunk Thinks Cops a Taxi! DUI Drives Himself To Police Station! The Few, The Proud and The Drunk DUI Confinement Too Close To Home?! Some Interesting B of J Statistics New York's First Scarlet Letter? Nevada City's Ban DUI Plates in CO? The Cost of Drunk Driving (8/27/97) Washington Says NO to .08 Standards Judge Drinks with DUI Jury! No More Jello-Shots Sociology Dept at Potsdam University DUI Information New South Wales Taking Keys of DUI's Is America Sleep Deprived? Reno Man With 7 Priors Dodges 8th! Brother Watches Brother Run Over MSU Frats Call for Alcohol Ban Man Must Visit Grave of Victim Rape and Alcohol Study An Excellent A.A. Article - 60th Birthday from the New Yorker Study Says Health Insurance to Rise 30% A Short History of Alcohol Temperance and Prohibition Alcohol and the American Experience Legalization in Columbia = Increase Use Death Study of Alcohol Users - MDX Health Digest Colonial America (1800-1855) Alcohol Consumption Relationship Between Sweets and Alcoholism AA - Goals and Means Prom Goers Must Submit to Breathanalyzers A Good DUI Bibliography Old Newsletters - Jan 95 Old Newsletters - Nov 95 Under the Influence Legal Definition Drunk Driving Courts They're Still Driving! National Online Resource Library for the Judiciary on Impaired Driving Lawn Mover DUI at 3:00 a.m. Rhode Island Gets Low Marks for Drunk Driving Laws A Split Decision on DUI Tests Dismissals of DUI Cases Jolt Lawyers Arguments in For and Against Lowering the Blood Alcohol Levels .08 2004 Motor Vehicle Traffic Crash Fatality Counts and Injury Estimates Florida Breath Test Machine Codes Case Florida Implied Consent Ruling Hospital Refuses to Take Blood Kentucky .08 Ruling Gives Suspects More Room to Fight Alcohol Ankle Device Faulty DUI DWI Laws in Other Countries MADD President Glynn Birth Applauds Delaware Enforcement MADD Kicks Off Holiday Campaign Comprehensive Drunk Driving Law Work Off Drunk Driving Conviction Drunken Driving Law Challenged DA Suing Judge Over DWI Ruling DUI Judge Rules in Favor of Defendants Melanie's Bill Becomes Melanie's Law Poppy Seed Defense Works on DUI Charge Last Update: Thursday, January 19, 2006 Home > Drunk Driving Research DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute All Rights Reserved Send eMail Advertise With Us
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Intoxicated Driving Program Unit DUI Legislation in New Jersey, DWI Legislation in New Jersey DUI DWI: International Referral Database of DUI, DWI, Impairedand DrunkDriving, Drinking and Driving, Lawyers & Attorneys State orProvince | County | Region | Attorneys | Courthouses | License & Traffic Offices | Legislation | Instruments | Standards | Experts | Articles Add Attorney | Add Courthouse | AddDMV Office | Add Legislation | AddInstrument | Add Standards Home | Debate | AddingYour Firm | Words are used in Canada? DUI | DWI | DrunkDriving | Drinkingand Driving | DUI Laws | DWILaws | Ontariodui | Ontario dui laws | ImpairedDriving | TorontoDUI | BramptonDUI | MississaugaDUI DUI : Driving Under the Influence; DWI : Driving While Intoxicated;OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; ImpairedDriving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol inCanada over 80 mg/100mL; Care or Control: Occupy seat normallyoccupied by operator in Canada, act or series of acts involving useof car , fittings or equipment Unofficial information about this New Jersey legislation is provided bythe following attorney: DUI, DWI & Criminal Legislation in New Jersey Driving while intoxicated , section: 39:4-50 Substantive DUI/Excess Alcohol Offense, 39:4-50 Driving while intoxicated 39:4-50 Driving while intoxicated(a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.10% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.10% or more by weight of alcohol in the defendant's blood shall be subject: (1) For the first offense, to a fine of not less than $250.00 nor more than $400.00 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than six months nor more than one year. For a first offense, a person also shall be subject to the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.). (2) For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Director of the Division of Motor Vehicles for a license to operate a motor vehicle, which application may be granted at the discretion of the director, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for two years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1). (3) For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for 10 years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1). As used in this section, the phrase "narcotic, hallucinogenic or habit- producing drug" includes an inhalant or other substance containing a chemical capable of releasing any toxic vapors or fumes for the purpose of inducing a condition of intoxication, such as any glue, cement or any other substance containing one or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrate or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance. Whenever an operator of a motor vehicle has been involved in an accident resulting in death, bodily injury or property damage, a police officer shall consider that fact along with all other facts and circumstances in determining whether there are reasonable grounds to believe that person was operating a motor vehicle in violation of this section.A conviction of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c. 73 (C.39:5D-1 et seq.), shall constitute a prior conviction under this subsection unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.10%. If the driving privilege of any person is under revocation or suspension for a violation of any provision of this Title or Title 2C of the New Jersey Statutes at the time of any conviction for a violation of this section, the revocation or suspension period imposed shall commence as of the date of termination of the existing revocation or suspension period. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the forfeiture, suspension or revocation of the driving privilege imposed by the court under this section shall commence immediately, run through the offender's seventeenth birthday and continue from that date for the period set by the court pursuant to paragraphs (1) through (3) of this subsection. A court that imposes a term of imprisonment under this section may sentence the person so convicted to the county jail, to the workhouse of the county wherein the offense was committed, to an inpatient rehabilitation program or to an Intoxicated Driver Resource Center or other facility approved by the chief of the Intoxicated Driving Program Unit in the Department of Health and Senior Services; provided that for a third or subsequent offense a person shall not serve a term of imprisonment at an Intoxicated Driver Resource Center as provided in subsection (f). A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes. (b) A person convicted under this section must satisfy the screening, evaluation, referral, program and fee requirements of the Division of Alcoholism and Drug Abuse's Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource Centers and a program of alcohol and drug education and highway safety, as prescribed by the Director of the Division of Motor Vehicles. The sentencing court shall inform the person convicted that failure to satisfy such requirements shall result in a mandatory two-day term of imprisonment in a county jail and a driver license revocation or suspension and continuation of revocation or suspension until such requirements are satisfied, unless stayed by court order in accordance with the Rules Governing the Courts of the State of New Jersey, or R.S.39:5-22. Upon sentencing, the court shall forward to the Division of Alcoholism and Drug Abuse's Intoxicated Driving Program Unit a copy of a person's conviction record. A fee of $100.00 shall be payable to the Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to section 3 of P.L.1983, c. 531 (C.26:2B-32) to support the Intoxicated Driving Program Unit. (c) Upon conviction of a violation of this section, the court shall collect forthwith the New Jersey driver's license or licenses of the person so convicted and forward such license or licenses to the Director of the Division of Motor Vehicles. The court shall inform the person convicted that if he is convicted of personally operating a motor vehicle during the period of license suspension imposed pursuant to subsection (a) of this section, he shall, upon conviction, be subject to the penalties established in R.S.39:3-40. The person convicted shall be informed orally and in writing. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40. In the event that a person convicted under this section is the holder of any out-of-State driver's license, the court shall not collect the license but shall notify forthwith the director, who shall, in turn, notify appropriate officials in the licensing jurisdiction. The court shall, however, revoke the nonresident's driving privilege to operate a motor vehicle in this State, in accordance with this section. Upon conviction of a violation of this section, the court shall notify the person convicted, orally and in writing, of the penalties for a second, third or subsequent violation of this section. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of this section. (d) The Director of the Division of Motor Vehicles shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.) in order to establish a program of alcohol education and highway safety, as prescribed by this act. (e) Any person accused of a violation of this section who is liable to punishment imposed by this section as a second or subsequent offender shall be entitled to the same rights of discovery as allowed defendants pursuant to the Rules Governing the Courts of the State of New Jersey. (f) The counties, in cooperation with the Division of Alcoholism and Drug Abuse and the Division of Motor Vehicles, but subject to the approval of the Division of Alcoholism and Drug Abuse, shall designate and establish on a county or regional basis Intoxicated Driver Resource Centers. These centers shall have the capability of serving as community treatment referral centers and as court monitors of a person's compliance with the ordered treatment, service alternative or community service. All centers established pursuant to this subsection shall be administered by a counselor certified by the Alcohol and Drug Counselor Certification Board of New Jersey or other professional with a minimum of five years' experience in the treatment of alcoholism. All centers shall be required to develop individualized treatment plans for all persons attending the centers; provided that the duration of any ordered treatment or referral shall not exceed one year. It shall be the center's responsibility to establish networks with the community alcohol and drug education, treatment and rehabilitation resources and to receive monthly reports from the referral agencies regarding a person's participation and compliance with the program. Nothing in this subsection shall bar these centers from developing their own education and treatment programs; provided that they are approved by the Division of Alcoholism and Drug Abuse. Upon a person's failure to report to the initial screening or any subsequent ordered referral, the Intoxicated Driver Resource Center shall promptly notify the sentencing court of the person's failure to comply. Required detention periods at the Intoxicated Driver Resource Centers shall be determined according to the individual treatment classification assigned by the Intoxicated Driving Program Unit. Upon attendance at an Intoxicated Driver Resource Center, a person shall be required to pay a per diem fee of $75.00 for the first offender program or a per diem fee of $100.00 for the second offender program, as appropriate. Any increases in the per diem fees after the first full year shall be determined pursuant to rules and regulations adopted by the Commissioner of Health and Senior Services in consultation with the Governor's Council on Alcoholism and Drug Abuse pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.). The centers shall conduct a program of alcohol and drug education and highway safety, as prescribed by the Director of the Division of Motor Vehicles.The Commissioner of Health and Senior Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), in order to effectuate the purposes of this subsection. (g) When a violation of this section occurs while: (1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property; (2) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or (3) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution, the convicted person shall: for a first offense, be fined not less than $500 or more than $800, be imprisoned for not more than 60 days and have his license to operate a motor vehicle suspended for a period of not less than one year or more than two years; for a second offense, be fined not less than $1,000 or more than $2,000, perform community service for a period of 60 days, be imprisoned for not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances and have his license to operate a motor vehicle suspended for a period of not less than four years; and, for a third offense, be fined $2,000, imprisoned for 180 days and have his license to operate a motor vehicle suspended for a period of 20 years; the period of license suspension shall commence upon the completion of any prison sentence imposed upon that person. A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c. 101 (C.2C:35-7) may be used in a prosecution under paragraph (1) of this subsection. It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session. (h) A court also may order a person convicted pursuant to subsection a. of this section, to participate in a supervised visitation program as either a condition of probation or a form of community service, giving preference to those who were under the age of 21 at the time of the offense. Prior to ordering a person to participate in such a program, the court may consult with any person who may provide useful information on the defendant's physical, emotional and mental suitability for the visit to ensure that it will not cause any injury to the defendant. The court also may order that the defendant participate in a counseling session under the supervision of the Intoxicated Driving Program Unit prior to participating in the supervised visitation program. The supervised visitation program shall be at one or more of the following facilities which have agreed to participate in the program under the supervision of the facility's personnel and the probation department: (1) a trauma center, critical care center or acute care hospital having basic emergency services, which receives victims of motor vehicle accidents for the purpose of observing appropriate victims of drunk drivers and victims who are, themselves, drunk drivers; (2) a facility which cares for advanced alcoholics or drug abusers, to observe persons in the advanced stages of alcoholism or drug abuse; or (3) if approved by a county medical examiner, the office of the county medical examiner or a public morgue to observe appropriate victims of vehicle accidents involving drunk drivers. As used in this section,"appropriate victim" means a victim whose condition is determined by the facility's supervisory personnel and the probation officer to be appropriate for demonstrating the results of accidents involving drunk drivers without being unnecessarily gruesome or traumatic to the defendant.If at any time before or during a visitation the facility's supervisory personnel and the probation officer determine that the visitation may be or is traumatic or otherwise inappropriate for that defendant, the visitation shall be terminated without prejudice to the defendant. The program may include a personal conference after the visitation, which may include the sentencing judge or the judge who coordinates the program for the court, the defendant, defendant's counsel, and, if available, the defendant's parents to discuss the visitation and its effect on the defendant's future conduct. If a personal conference is not practicable because of the defendant's absence from the jurisdiction, conflicting time schedules, or any other reason, the court shall require the defendant to submit a written report concerning the visitation experience and its impact on the defendant. The county, a court, any facility visited pursuant to the program, any agents, employees, or independent contractors of the court, county, or facility visited pursuant to the program, and any person supervising a defendant during the visitation, are not liable for any civil damages resulting from injury to the defendant, or for civil damages associated with the visitation which are caused by the defendant, except for willful or grossly negligent acts intended to, or reasonably expected to result in, that injury or damage. The Supreme Court may adopt court rules or directives to effectuate the purposes of this subsection. (i) In addition to any other fine, fee, or other charge imposed pursuant to law, the court shall assess a person convicted of a violation of the provisions of this section a surcharge of $100, of which amount $50 shall be payable to the municipality in which the conviction was obtained and $50 shall be payable to the Treasurer of the State of New Jersey for deposit into the General Fund. Comments : New Jersey DWI is very complicated. Never just plead guilty to a charge of DWI. There are many defenses. Your driving privileges are too important just to give up and not fight for your constitutional rights. Updatethis Section | Other Legislation in New Jersey Add a Link to a Case orList of Cases for this Section This is not the official web site for the New Jersey legislature. Add a Section 615 | DUI DWI Practice Descriptions, Links, andProfiles | DUI DWI Summaries of Law | Searchby Region, County, City | First Appearance inDUI Court DWI Court | MembersOnly | AddYour Firm | Delete | Privacy | For Ontario DUIDWI impaired driving criminal law information please visit www.lawyers.ca See also TorontoDUI For more information respecting this database or to report misuse contact: AllbissLawdata Ltd. , 303-470 Hensall Circle, Mississauga,Ontario, Canada, L5A 3V4. Theauthor and the participants make no representation or warranty whatsoeveras to the authenticity and reliability of the information contained herein.Advertisement.Theselawyers do not practice in association. WARNING: All informationcontained herein is provided for the purpose of providing basic information onlyand should not be construed as formal legal advice. The authors disclaim any andall liability resulting from reliance upon such information. 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DUI / DWI, Drinking 
