DUI/DWI Law FAQs

DUI stands for Driving Under the Influence, while DWI stands for Driving While Intoxicated (or Driving While Impaired, depending on the jurisdiction). The specific terminology and legal definitions vary by state. In some states, DUI and DWI are used interchangeably; in others, they refer to different levels or types of impairment (e.g., alcohol vs. drugs).

Why it matters: Your state’s laws determine how these charges are defined, prosecuted, and punished. Knowing the difference is important for understanding your rights and potential defenses.

Consequences vary based on the state, prior offenses, and the circumstances of your arrest, but common penalties include:

- Fines and court costs
- License suspension or revocation
- Jail time (especially for repeat offenses or high BAC)
- Probation
- Mandatory alcohol education or treatment programs
- Installation of an ignition interlock device
- Increased insurance premiums
- Long-term impacts on employment, travel, and background checks.

While every case is unique, common defense strategies include:
- Challenging the legality of the traffic stop
- Questioning the accuracy or calibration of breathalyzer or blood tests
- Highlighting improper field sobriety test procedures
- Arguing lack of probable cause
- Demonstrating medical conditions or other factors that may have affected test results

A skilled DUI attorney can assess the details of your case to determine the most effective defense.

Factors that may strengthen the prosecution’s case include:
- High Blood Alcohol Content (BAC)
- Presence of open containers or illegal substances
- Erratic driving or accidents
- Admission of drinking
- Prior DUI/DWI convictions
Factors that may weaken the case include:
- Improper police procedures
- Faulty or poorly maintained testing equipment
- Medical conditions that mimic intoxication
- Lack of clear evidence of impairment

Yes, DUI/DWI charges can sometimes be reduced or dismissed, depending on the specifics of your case. Factors that may lead to a reduction or dismissal include:

- Lack of probable cause for the traffic stop
- Errors in police procedure or rights violations
- Inaccurate or unreliable BAC test results
- Improperly conducted field sobriety tests
- Medical conditions or other factors that mimic intoxication

In some cases, charges may be reduced to a lesser offense or even dropped entirely if the prosecution’s evidence is weak. A qualified DUI attorney can evaluate your case and negotiate with prosecutors to seek the best possible outcome.

A DUI/DWI charge can significantly impact your driving privileges, even before a conviction. Here's what to expect:

- Immediate License Suspension: In many states, your license can be suspended administratively (by the DMV) shortly after your arrest, especially if you refused a chemical test or had a BAC over the legal limit.
- License Suspension After Conviction: If convicted, you may face a longer suspension or revocation of your license as part of your sentence. The length of suspension depends on your BAC level, prior offenses, and your state’s laws.
- Restricted or Hardship License: Some states allow you to apply for a restricted license to drive to work, school, or treatment programs during your suspension period.
- Ignition Interlock Device (IID): Many states require drivers to install an IID on their vehicle before license reinstatement, especially after a second offense or high BAC.
- Reinstatement Requirements: To get your license back, you may need to complete DUI education or treatment, pay reinstatement fees, and show proof of insurance.

A DUI attorney can help you challenge a suspension or seek limited driving privileges during your case.

A first-time DUI/DWI offense is serious, but penalties are often less severe than for repeat offenses. That said, consequences can still be significant and may include:
- Fines and court fees
- License suspension, often for 3–12 months (varies by state)
- Jail time, which may be mandatory in some states — though first offenses often result in probation instead
- Mandatory DUI education or treatment programs
- Community service
- Installation of an ignition interlock device (IID) (required in many states, even for a first offense)
- Higher auto insurance premiums
- Permanent criminal record in some jurisdictions

Multiple DUI/DWI offenses carry increasingly severe legal and personal consequences. Penalties typically escalate with each conviction and may include:
Legal Penalties:
- Longer jail or prison sentences — mandatory minimums often apply
- Extended driver’s license suspension or permanent revocation
- Higher fines and court costs
- Mandatory installation of an ignition interlock device (IID)
- Felony charges (usually after the 3rd or 4th offense, depending on state law)
Other Consequences:
- Lengthy probation periods
- Mandatory alcohol or drug treatment programs
- Loss of employment or professional licenses
- Increased insurance premiums or cancellation
- Criminal record with long-term implications

If you're facing a second or subsequent DUI/DWI, speak with a knowledgeable attorney right away.

We charge a flat fee for legal consultations. If you choose to hire Maria Noto to represent you, your initial consultation fee will be credited toward your total legal fees.

You can reach our office by phone at (732) 441-9546 or by email at mnotolaw@gmail.com.
Our regular office hours are:
Monday – Friday: 9:00 AM – 6:00 PM
Saturday: 12:00 PM – 3:00 PM

If you contact us outside of these hours or we’re unavailable, please leave a voicemail with your name and phone number, or send us an email. We’ll get back to you as soon as possible.

At our firm, your main point of contact will be your attorney, Maria Noto. You will work directly with Maria throughout your case and will have the opportunity to schedule meetings with her personally.

Some communication, such as emails or phone calls, may be handled by our knowledgeable law clerks. Rest assured, they are well-informed about your case and equipped to assist you promptly and professionally.

We respond to all phone calls, emails, and messages as promptly as possible. During our regular office hours, there is typically at least one team member available to answer the phone and monitor incoming emails throughout the day.

If we're unavailable at the moment, your message will be returned ASAP, which is usually within the same business day.

You will receive updates on your case whenever there is important information to share or action is needed. We are committed to keeping you informed throughout the legal process. If you have a question or concern about your case, or just want to check in, feel free to call by phone at (732) 441-9546 or by email at mnotolaw@gmail.com.

If you’re seeking legal representation and would like to schedule a consultation or initial meeting, please call our office at (732) 441-9546 to arrange an in-person appointment.

For urgent matters or time-sensitive information, we recommend calling our office directly. For non-urgent questions, updates, or general check-ins, feel free to email us at mnotolaw@gmail.com.

Court appearance and behavior significantly impact how judges and juries perceive you, making proper preparation essential. Dress professionally and conservatively as if attending a job interview. Men should wear a suit and tie or at minimum dress pants, button-down shirt, and tie, while women should wear a suit, conservative dress, or dress pants with a blouse, avoiding short skirts, low necklines, or revealing clothing. Choose neutral colors like navy, gray, or black, and avoid flashy jewelry, visible tattoos should be covered if possible, and remove or minimize facial piercings. Your appearance should convey respect for the court and seriousness about the proceedings.

You should contact a DUI/DWI lawyer as soon as possible after your arrest. An experienced attorney can help protect your rights, guide you through the legal process, and work to minimize the consequences you face. Waiting too long can limit your options and negatively impact the outcome of your case, so don’t delay in seeking professional legal help.