Stopped for DUI in New Jersey

Understanding New Jersey DUI Laws

Operating a vehicle with a blood alcohol content (BAC) above the legal limit is referred to as driving while intoxicated (DWI) or driving under the influence (DUI) in New Jersey. The legal BAC limit for the majority of drivers over 21 is 0.08%. However, some groups are subject to more stringent rules: drivers under 21 are subject to a “zero tolerance” standard, which means that any detected alcohol (BAC of 0.01% or more) can result in charges, while commercial drivers are subject to a lower limit of 0.04%.

The severity of the penalties for DUI and DWI in New Jersey rises with increased blood alcohol content and repeat infractions. A BAC of 0.08% to 0.10% on a first-time offense carries penalties, license suspension, and the potential installation of an ignition interlock device (IID). Penalties for second and third convictions or higher BAC levels are harsher and include obligatory IID installation, longer license suspensions, higher fines, and potential jail time.

What to Expect During a DUI Stop

If you are suspected of drunk driving and get stopped by the police, expect:

• The stop
• Initial Investigation
• Roadside Tests
• Arrest
• Release

Knowing the procedure police will follow and your rights may be the difference in charges being dismissed and having a DUI or DWI charge on your record.

Law Enforcement Stop

A police officer can pull you over for a number of reasons. They may have seen you swerving or it could be for a simple traffic violation, such as a broken tail light. As soon as they have made their decision to pull you over, especially if they think you have been drinking or using drugs, they will start to make note of any observations they make.

When the police officer gets to your car they will begin by asking you for your license and registration. If the officer already has reasonable suspicion that you have been driving under the influence, they will be looking for signs of impairment such as slurred speech, the smell of alcohol, or red eyes to add to their police report.

DUI/DWI Investigation

If, during the stop, the police officer has established reasonable suspicion that you have been driving under the influence, they will continue their investigation. Police officers can ask you if you have been drinking, how much you drank, what you drank, and when you had your last drink.

The police officer will be making notes of any observations they make to prove their suspicions in the police report. They will note any nervousness or other behavior that indicates that you have been drinking.

If they believe they have confirmed that you have been drinking they will ask you to perform roadside field tests.

Roadside Tests

At this point, the officer who pulled you over will be gathering evidence to use in court. Roadside tests allow an officer to observe your level of impairment and get an estimate of your blood alcohol concentration (BAC).

Generally, police will conduct two kinds of voluntary tests to gather this evidence. They can conduct a field sobriety test (FST) and a Preliminary Alcohol Screening (PAS)

Field Sobriety Test (FST)

Field sobriety tests are used to physically observe the level of impairment of the driver. A police officer will have you step out of your car and perform several activities that can generally be performed at an acceptable level by someone who has not been drinking.

Common field sobriety tests include:

• One-leg stand
• Horizontal gaze nystagmus (HGN)
• Walk and turn

Keep in mind that you are under no legal obligation to perform a field sobriety test. Refusing to perform an FST may lead to your license being suspended. Even if you pass a field sobriety test, the officer may not let you go at this point.

Preliminary Alcohol Screening (PAS) Tests

Police officers use a PAS device (also called a portable breath test) to measure your blood alcohol concentration. PAS tests are usually not as reliable as blood tests that may be performed at a police station or hospital. They allow the officer to quickly assess your level of impairment to see if there is probable cause for a DUI/DWI arrest.

Arrested for DUI

If the officer who stopped you has reason to believe they have probable cause for an arrest they can detain you and take you to the police station.

Here they will most likely:

• Book you and cite you for the offense
• Read you your Miranda rights
• Inform you about implied consent
• Take away your license and provide you with a temporary permit
• Hold you until you are bailed out or a judge releases you on your own recognizance

Implied Consent & Mandatory Chemical Tests

There is an “implied consent” law in all 50 states that require anyone arrested for a DUI or DWI to submit to a chemical test. Usually, in the form of a blood or breath test, a chemical test is used to find out the amount of drugs or alcohol in a person’s system.

Police officers are required to inform you about implied consent laws. If they do not, be sure to remember this as it may be helpful for your defense.

If you refuse to submit to these tests you could face the following consequences:

• Fines
• Suspension of your license
• Installing an ignition interlock device (IID)

Release

Upon release, the staff at the police station should return any personal belongings that are not being used as evidence. If you are informed you can pick up your vehicle you must wait at least 12 hours before you can get it from the tow yard.

As soon as possible write down all the details you can remember about everything that happened during the entire process, starting with being pulled over. Write down every detail; even if you don’t think it may be relevant, it could be useful for your lawyer as they help you put together your DUI/DWI defense.

Things to write down:

• Where and what you were doing before you were pulled over
• How long after drinking you were stopped
• How much you drank
• When, and if, you were read your Miranda rights
• If you were not informed about implied consent laws
• The officer’s behavior and instructions they gave you

Your Rights During a DUI Stop

It’s critical to recognize and exercise your rights if you are pulled over in New Jersey on suspicion of DUI in order to defend yourself. Kindly let the officer know that you wish to use your right to silence and refrain from responding to any queries that could lead to your incrimination.

Drivers in New Jersey are also free to decline field sobriety tests (FSTs), including the walk-and-turn and one-leg stand. Even though these tests are optional, declining to take them could prompt the officer to look into the matter further. It is also possible to decline portable breathalyzer testing, often known as preliminary alcohol screening (PAS) tests, along the side of the road. Refusing, however, could raise suspicions and affect the likelihood that you will be arrested.

You do not have to agree if an officer requests to search your car without a warrant. If you do not want your car to be searched, politely decline.

Above everything else, you are entitled to legal counsel. Request legal representation right away if you are arrested.

Steps to Take If You’re Arrested for DUI

Maintaining composure and cooperation is crucial if you are arrested for DUI in New Jersey. Being courteous and obeying the officer’s directions can help avoid further charges or issues, even though the procedure can be stressful.

As soon as you can after the arrest, write down all you recall about everything that happened before and during the stop. Add information about your interactions with authorities, the location and time of your stop, and any tests you were required to do. Your defense may depend on these specifics.

One of the most crucial things you can do is to get in touch with a knowledgeable DUI lawyer as soon as possible. With our vast experience in DUI cases, we at Rosenberg | Perry & Associates can assist you navigate the legal system and defend your rights straight away.

Observe any pre-trial requirements, such as license suspensions or alcohol education courses, and make sure you show up for all planned court appearances. If you don’t, you can face more sanctions. You’ll be more equipped to handle your charges and mount the best defense if you follow these instructions.

Potential Defenses in a New Jersey DUI Case

You may challenge the charges against you in a New Jersey DUI case using a number of defensive tactics. Contesting the legitimacy of the initial traffic stop is one possible defense. In order to pull you over, police must have necessary suspicion; otherwise, any evidence collected after the stop may be withheld, which could result in your termination.

The precision of chemical and field sobriety tests is an example of another defense. Subjective in nature, field sobriety tests can be affected by weather, uneven surfaces, and nerves. Inaccurate results from chemical testing, such as blood and breath tests, can also arise from poor administration or incorrect calibration.

Medical conditions including diabetes or acid reflux can skew breathalyzer readings, producing excessively high blood alcohol content. By providing an explanation for why the test findings do not fairly represent disability, these circumstances may occasionally be used as a defense.

Law enforcement’s procedural mistakes may potentially help your case. The evidence against you may be deemed invalid if authorities did not follow the correct protocols, such as properly administering tests or advising you of your rights.

Consequences of a DUI Conviction in New Jersey

In New Jersey, a DUI conviction carries serious penalties that may affect numerous aspects of your life. Penalties can include hefty fines, license suspension, and possibly jail time, depending on your BAC level and past crimes. First-time offenders risk a license suspension of three months to a year, penalties of up to $500, and prison sentence of up to 30 days. Penalties for repeat violations are more severe and include greater fines and longer jail sentences.

Your insurance rates are also impacted by a DUI conviction, and they frequently rise significantly. Finding any coverage at all may be challenging in certain situations. Consequences for employment are also frequent, particularly for jobs that require a spotless driving record.

Convicted drivers are required to attend the Intoxicated Driver Resource Center (IDRC) in New Jersey, where they must finish educational and assessment programs that may be followed by recommendations for further treatment.

A DUI conviction can have serious long-term repercussions. A DUI affects your professional licenses, employment prospects, and even housing alternatives because it is permanently recorded on your criminal record.

Hire a DUI/DWI Lawyer

Facing a DUI or DWI charge is a serious matter that can lead to jail time, substantial fines, and lasting consequences. Having a skilled and knowledgeable attorney by your side is essential to protecting your rights and securing the best possible outcome.

At Rosenberg | Perry & Associates, our dedicated criminal defense attorneys, have extensive experience handling DUI/DWI cases, with a proven track record of achieving favorable results for our clients. Contact us today for a free consultation to discuss your case, understand your options, and see how we can help defend your future.