What You Should Know About Being Pulled Over for a DUI
It is important that New Jersey drivers are aware of their rights when they are pulled over and arrested for a DUI, including their right to refuse to participate in field sobriety tests.
February 04, 2010 /24-7PressRelease/ -- What You Should Know About Being Pulled Over for a DUI
The penalties for a DUI in New Jersey are severe and may include jail time, loss of driving privileges, fines and other penalties. It is important for drivers to be aware of their rights when they are pulled over and subsequently arrested for a DUI. Below you will find some helpful information on these rights. For more information, contact an experienced DUI attorney today.
When can a police officer pull me over?
A police officer can pull you over whenever she or he suspects you have violated a traffic law. For example, the officer may personally witness you running a stop sign or making an illegal lane change and pull you over for the violation. Certain driving patterns are more likely to make a police officer suspect that you have been drinking and driving. These include crossing the center line, weaving in and out of traffic, driving below the speed limit and speeding up and then slowing down. An officer who observes any of these or other erratic driving behaviors can legally pull you over.
Do I have to answer the officer's questions?
When you get pulled over by an officer, you do not have to answer every question asked by the police officer. Certain questions you are legally required to answer such as your name, age and whether you have a valid driver's license. Other questions do not require a response on your behalf. Because of this, it is important to have a consultation with an experienced New Jersey DWI / DUI lawyer.
Keep in mind that the police do not have to read you your Miranda rights until after you have been arrested. Up until that point, the officer is likely to try and get you to say something incriminating, like admitting that you have been drinking or that you were coming from a party or bar. These types of statements make it that much easier for the State to prove their case against you and convict you of drinking and driving.
Do I have to perform field sobriety tests?
Field sobriety tests can be one of the main sources of evidence used to convict you of a DUI offense. These tests generally involve three separate tests: the walk-and-turn test, the one leg stand and the horizontal gaze nystagmus (when the officer asks you to follow a light or a finger with your eyes from side-to-side).
In addition to these standardized tests, every move you make will be scrutinized by the officer for potential evidence of your insobriety. For example, the officer will take note of how you handle yourself while exiting your vehicle, including whether you had to lean up against the car for support or appeared woozy on your feet. Therefore, it is important to consult with a lawyer regarding the legality of these tests and whether they were administered in the proper manner.
Do I have to take the breathalyzer?
New Jersey drivers do not have the right to refuse the breathalyzer or other chemical test to determine their blood alcohol level. New Jersey has an implied consent law, which means that as a condition of having the privilege to hold a New Jersey driver's license, all drivers have given consent to take a chemical test after being arrested for a DUI. Police officers, however, cannot randomly require New Jersey drivers to take a breathalyzer. They must first have probable cause to arrest you for a DUI before they can administer the test.
If you refuse a breathalyzer in New Jersey, you can be charged with "Refusal to Submit to a Breath Test," which is a separate and distinct offense from a DUI charge. The current penalties for a conviction of this charge include losing your driver's license for seven months to one year and a $300-$500 fine. These penalties are in addition to any penalties you receive for a DUI conviction.
Even if you refuse to take the breathalyzer, the police officer can take you to the nearest hospital and have your blood drawn for a chemical test without your consent. The United States Supreme Court has ruled that it is not a violation of a citizen's constitutional rights to have a fluid sample taken without consent so long as the sample is taken after a valid arrest and the police officer reasonably believes such action is necessary to preserve evidence that would otherwise be lost.
It is also important to remember that you do not have the right to have your attorney present while the breathalyzer or other chemical test is administered. Likewise, the officer will not wait for your attorney to arrive at the police station or hospital before administering the test.
What are the penalties for a first time DUI?
The penalties for a first-time DUI offense in New Jersey vary depending on your blood alcohol content. If your BAC is 0.08 or greater but below 0.10, then the following penalties apply:
-$250-$400 fine
-Three-month license suspension
-Up to 30 days in jail
-$230 IDRC (Intoxicated Driver Resource Center) fee
-$100 to the drunk driving fund
-$1000 surcharge per year for three years
-$75 neighborhood services fund fee
-12-48 hours in an IDRC program
If your BAC is 0.10 or greater, then the same penalties apply as above, except the fine and length of license suspension are greater:
-$300-$500 fine
-Seven months to one year license suspension
The penalties increase sharply for those facing their second or greater DUI conviction. For example, if you have been convicted of your second DUI within ten years of the first, you will lose your driver's license for two years and will have to spend a minimum of 48 hours in jail with the possibility of up to 90 days as well as pay a $500-$1000 fine.
Contact an Experienced DUI Attorney
If you are facing a first or subsequent DUI charge, contact an attorney experienced in handling DUI cases. Even if your breathalyzer results put you over the legal limit, the State still has the burden of proving every element of their case against you. The charges against you may be challenged in a variety of ways, including whether you were administered the test after a valid arrest. For more information on defending against a DUI charge, contact a knowledgeable attorney today.
Further Related Resources:
Press Release Contact Information:
Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff
New Jersey Trial Lawyers
DUI Defense
1827 East Second Street
Scotch Plains, NJ
United States 07076
Voice: (908) 322-7000
