DWI & Refusal

Convictions for DUI and/or Refusal can have a major detrimental impact on one’s ability to earn a living as they carry periods of license suspension ranging from 3 months to 20 years, thousands of dollars in fines and surcharges, and, in some cases, mandatory jail time.  If you have been charged with DUI or Refusal, it is essential that you select elite and proven legal counsel to represent you.   The firm acts of counsel to individuals that have been arrested and charged with DUI (also known as DWI, drunk driving, or driving while intoxicated) and Refusal in New Jersey.

Unfortunately, some law firms today will take your money, show up to court, tell you that “there is nothing that they can do because the evidence is overwhelming” and then recommend you plead guilty to DUI and/or Refusal.  At Schiller McMahon, our approach is just the opposite, which is backed by our repeated, successful results.  Our New Jersey DUI Attorneys use aggressive, cutting-edge approaches in the defense of DUI and Refusal charges on behalf of our clients.  Our team of attorneys diligently reviews the facts of every case with a focus on exposing every single issue in the prosecution’s case and presenting all relevant legal defenses.

The firm is equipped with two former Assistant Prosecutors with significant and rare trial experience.  Being that two sets of eyes are better than one, Mr. Schiller and Mr. McMahon work hand-in-hand on all DUI cases to ensure that our clients have the best chance of success.   We have one goal – to achieve the best possible outcome for every single client on every single case.

There are two ways in which one can be found guilty of DUI in New Jersey.  The first is referred to as a “per se” offense, whereby your blood alcohol content (BAC) is 0.08 percent or higher.  This method is generally proven through the Alcotest, blood draw or urine sample.  The second method is based on observation.  Observational offenses occur when an individual refuses to submit to a breath test (Refusal) or when the results of a breath test are deemed unreliable.

Our attorneys attack DUI matters using a three-step analysis:

  • Was the motor vehicle stop constitutionally permissible? If it was not, then the charge must be dismissed.
  • Did probable cause exist to effectuate an arrest in order to obtain breath samples? If there was a lack of probable cause, then the charge must also be dismissed.
  • Are the results of the Alcotest reliable and/or admissible? If the results are not admissible, the prosecution can only prove your guilt through the arresting officer’s observations.

Our attorneys possess a unique, in-depth knowledge of the laws surrounding DUI as well as the procedures that law enforcement must follow throughout the course of a DUI arrest.  Using the analysis above, Schiller McMahon has achieved the dismissal of DUI charges through motions and trial time and time again.

In some cases, clients are facing their second, third or even fourth DUI charge.  In those cases, Schiller McMahon will collaterally attack all prior convictions through Post-Conviction Relief applications.  The goal in doing so is to vacate any prior convictions using a variety of legal tactics to reduce the potential penalties associated with the new charge(s).  Our firm has had substantial success collaterally attacking prior DUI convictions on behalf of our clients.

If you or someone you know has been charged with DUI and/Refusal in New Jersey, contact Schiller McMahon today for a free, in-person consultation.  At that consultation, we will discuss the particular facts of your case and provide a detailed analysis on how we intended to attack the charge on your behalf.