When a person is charged with driving under the influence (DUI) in New Jersey, a natural reaction is fear. Knowing how much a DUI charge impacts a person’s life makes being charged with a second DUI an even more frightening experience. However, knowing your rights and understanding the legal process of a DUI charge is going to help you build a case.
There are defenses to a DUI charge. A breathalyzer can malfunction, and even medical conditions can skew results. After any DUI charge, it is important to speak to a lawyer as soon as possible. A lawyer will help you build the best possible defense.
Can Physical Conditions Affect Tests?
There are some physical conditions that can lead to inaccurate blood alcohol content (BAC) level readings. Some conditions include:
- Diabetes: People with diabetes are prone to ketosis, which involves the production of ketones that are produced by the liver when the body burns fat to store for energy. When these ketones are emitted in the breath, it can trigger a false reading on a DUI test.
- Fasting and diets: Ketosis can also be caused by diets.
- Gut fermentation syndrome: This is a condition in which alcohol is produced through fermentation, either by fungi or bacteria in the gastrointestinal system.
Faulty Breathalyzer Test
A breathalyzer needs to be properly maintained and calibrated or it could lead to a false positive reading. It is not just the maintenance of the breathalyzer, but the officer needs to conduct the BAC test in a proscribed manner. If an officer deviates from protocols, the result of the test can be affected.
What Are the Penalties of a Second DUI Charge?
New Jersey has strict penalties for DUI charges. The following are some of the possible penalties of a second DUI conviction:
- Fines between $500 and $1,000.
- Court-ordered community service for a period of 30 days.
- Prison sentence of at least 48 hours, but not more than 90 days.
- Losing the right to drive in New Jersey for a period of up to two years after conviction.
- Required to install an ignition interlock device for a period of 24 to 48 months after the driver’s license is reinstated.
- $1,000 per year automobile insurance surcharge.
- A $100 surcharge to be deposited in the Drunk Driving Enforcement Fund.
- A motor vehicle commission restoration fee of $100.
- An Intoxicated Driving Program fee of $100.
South Jersey DUI Lawyers at Agre & St. John Defend the Rights of Those Charged With Second DUIs
If you have been charged with a second DUI, it is important to get a lawyer who can fight on your behalf. Our South Jersey DUI lawyers at Agre & St. John can help. Call us at 856-428-7797 or fill out our online form for an initial consultation. Located in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Burlington County, Camden County, Gloucester County, and Salem County.