No one expects to get pulled over and charged with drunk driving. However, if you are a social drinker, you might find yourself in this situation. An experienced New Jersey drunk driving attorney can break down the specific details of your case and come up with a defensive strategy to fight the charges. Since all driving while intoxicated (DWI) cases have some common elements, it may be in your best interest to familiarize yourself with the process.
The police must have probable cause to legally stop you for drunk driving. They can also legally stop you at an authorized DWI checkpoint. Some legal reasons you can be pulled over include:
Once you have been pulled over, the police will have an opportunity to observe you and document any signs of alcohol consumption. Some common signs law enforcement will look for during their observation period include:
You should assume that the law enforcement officer who has pulled you over will be videotaping you during their observation to determine whether you are under the influence. This recorded evidence can, and most likely will be, used against you during your DUI court hearing.
The police may also request that you undergo a field sobriety test to test your dexterity, balance, and your ability to follow certain types of instructions. The three most common types of field sobriety tests include:
In some states, like New Jersey, you automatically agree to a breathalyzer test when pulled over on the submission of drunk driving as a condition of getting your driver’s license. This is called implied consent law. You can be arrested if you do not agree to take a breath test if you have been pulled over on suspicion of DWI.
If the police believe they have enough evidence, they will arrest you on drunk driving charges. Once you have been released from jail – either by posting bail or being released on your own recognizance – you should immediately to contact an experienced New Jersey drunk driving attorney. You should also get your car out of impound because you will accrue daily impound fees which can quickly add up.
If you or someone you know has been issued a DWI citation or arrested for drunk driving in New Jersey, an experienced attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-355-7100 to schedule a free, complimentary consultation with our legal team today.