What will happen if I received a DUI yesterday and my son was in the car but I had a low blood alcohol level and the car was not running?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What will happen if I received a DUI yesterday and my son was in the car but I had a low blood alcohol level and the car was not running?

This technically will be my 3rd DUI with 1 being 9-10 years ago and the other about 15 years ago. What kind of penalty am I facing?

Asked on December 28, 2015 under Criminal Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In NJ, there is a "look back" or "wash out" period of 10 years. This means that any prior DUI/DWIs are irrelevant for sentencing purposes if they are over 10 years old. Although, they do remain permanently on your record.
That having been said, whether or not this is your first DUI, the fact that your child was present in the vehicle will enhance the penalties that you face. Also, if your last DUI was only 9 years ago, then this will be considered to be your second offense.
Note: Whether or not your car was running is immaterial. If you had the keys and could excercise control over the vehicle, then your arrest was legal.
At this point, you really need to consult directly with a local DUI attorney. They can best advise you further.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption