DWI, DUI, and Refusal Charges, New Jersey

Being arrested or accused of a DWI/DUI, or Refusal is a scary and distressing situation. The New Jersey drunk driving laws can be confusing and misleading to some. There is a lot at stake for you and your loved ones, so having good defense counsel can make a substantial difference in the outcome of your case.

A DWI or Refusal charge can happen to almost anyone with a driver’s license. Driving is legal and so is drinking. It is even legal to drink and drive as long as you are not “impaired.” The problem is that you need not actually feel “impaired” to be guilty of DWI. In fact, you could be driving perfectly. The prosecutors need only show that you were driving with a Blood Alcohol Content (BAC) of .08 or more. Since most people do not carry a device with them to tell us when their BAC has reached .08, it can be difficult to tell when it is illegal for them to drive. For a rough calculation of your BAC based upon your drinking habits, try using the “Drink Wheel”.

What clues do police officers look for on the roads?

The National Highway Traffic Safety Administration (NHTSA) has published a booklet titled “The Visual Detection of DWI Motorists.” This detection guide is based on research conducted by the NHTSA and describes a set of behaviors that is used by officers to detect motorists with blood alcohol concentrations (BAC) of 0.08 percent or greater. The driving behaviors identified by the researchers are presented in four general categories:

• Problems in maintaining proper lane position (weaving, wide turns)
• Speed and braking problems (too slow or fast, abrupt stops)
• Vigilance problems (stopped at a green light, wrong side of road)
• Judgment problems (taking a turn too fast, dangerous maneuvers)

The clues presented in these categories are assigned probabilities to help predict that a driver is DWI (BAC > 0.08). For example, according to the research, if a driver is weaving over lane lines, the probability of DWI (a BAC of 0.08 or more) is more than 50 percent. When driver is weaving and exhibits any other clue listed, the probability of DWI jumps to at least 65 percent. Observing any two clues other than weaving indicates a probability of DWI of at least 50 percent. Some clues, such as swerving, accelerating for no reason, and driving on other than the designated roadway, have single-clue probabilities of greater than 70 percent.

What should I do if I am pulled over after I have been drinking?

Be polite. You must show your driver’s license and insurance card when stopped in a car. Otherwise, you don’t have to answer any questions.

You do not have to consent to any search of yourself or your car. If you do consent to a search, it can affect your rights later in court.

What should I do if a police officer asks if I have been drinking?

You are not required to answer alcohol related questions. The best option is often to politely refuse to answer, such as, “I would like to speak with an attorney before I answer any questions”.

What should I do if a police officer asks me to take field sobriety tests?

If you aren’t legally intoxicated or impaired, then performing these tests may get you home in short order. But you are not obligated to perform any roadside tests. Most of us may not know what it feels like to have a blood alcohol concentration of 0.08. We don’t typically carry a device with us that measures our blood alcohol levels after a few drinks. And taking field sobriety tests gives the officer an opportunity to observe your behavior in order to build a case for DWI. The officer will be looking for certain clues or signs of intoxication.

There are a wide range of field sobriety tests (FSTs), but most officers have begun following the federally-approved “standardized” field sobriety tests. These consist of a battery of three tests: (1) Heel-to-Toe (also referred to as “walk-and-turn”): (2) One-Leg Stand (standing on one leg and counting); and (3) Horizontal Gaze Nystagmus (following the officer’s finger with your eyes).

You are not legally required to take any FSTs. The officer directing the tests is the sole judge of your performance and is only noting the things you do incorrectly. Therefore, in most cases a polite refusal to perform FSTs is appropriate.

A New Jersey DWI or Refusal charge will usually come with a heavy fine and license suspension. In New Jersey, fines for a drunk driving offense can range from $250 to $1000, or more. For a first time offense, the license will usually be suspended for seven months; second offense, two years; and a third offense, up to ten years. A “limited license” or “work permit” is NOT available in New Jersey. These consequences can be life altering. The financial costs and social stigmas that come with a DWI or Refusal offense can cause pain and suffering for you and your family.

What should I do if I have been charged with DWI or Refusal?

If you have been charged with DWI or Refusal, you should immediately contact an experienced defense lawyer. The Law Offices of Timothy R. Anderson has much experience representing DWI and Refusal clients, achieving dismissals, acquittals, and reduced sentences. If you or a loved one has been accused of DWI or Refusal, contact the Law Offices of Timothy R. Anderson.

The Law Offices of Timothy R. Anderson represent clients throughout central, northern and southern New Jersey, including Monmouth County, Middlesex County, Mercer County, Essex County, Somerset County, Morris County, Hudson County, Bergen County, Union County, Passaic County, Newark, Trenton, Camden, Hackensack, Paterson, Teaneck, Jersey City, West Orange, Montclair, Englewood, Elizabeth, Red Bank, Freehold, Rumson, Fair Haven, Middletown, Hazlet, and Holmdel.