Being charged with a DWI can be intimidating and embarrassing. Some would rather accept the consequences and get it over with, but you can defend yourself and challenge the charges, hopefully allowing you to keep your license and avoid serious penalties.
While DWIs from routine traffic stops are common, you can also be charged at DWI checkpoints. In less common cases, people can be charged even though their car is not moving. How we challenge your DWI or DUI depends on your circumstances. We can challenge the blood alcohol concentration (BAC) if it is unreliable. Perhaps you did not consume alcohol voluntarily. Maybe the initial stop that led to your arrest was unlawful.
Get started with a private, free case review from our DWI and DUI lawyers when you call the Lombardo Law Group at (856) 281-9600.
How You Might Be Charged with a DWI or DUI in Corbin, NJ
Routine traffic stops are arguably the most common way that drivers are charged, but someone might also be arrested at a DWI checkpoint. In some cases, drivers are charged even when their vehicle is not moving.
Routine Traffic Stops
Drivers are frequently stopped for ordinary traffic violations. The police must have some reasonable suspicion to stop a driver in the first place. If your stop was random or arbitrary, it might be unlawful.
Once a driver is stopped, the police will approach and begin gathering evidence and information. If they notice signs of intoxication, they may begin gathering probable cause to arrest.
Probable cause is difficult to define, as it can be anything that leads the police to reasonably believe a crime has been or is being committed. The odor of alcohol, slurred speech, and erratic driving may be considered probable cause.
Checkpoints
A checkpoint is a common tactic used by the authorities to apprehend intoxicated drivers. If the checkpoint does not adhere to certain strict protocols, our DUI and DWI lawyers may challenge the stop.
A checkpoint must be established for a valid reason. The police cannot set up a checkpoint arbitrarily. For example, if the police are pulling over more drunk drivers on a particular stretch of highway on Friday nights, they may have a valid reason to set up a checkpoint in that area on Friday nights.
Checkpoints must also be publicized. Typically, the police post notices in local newspapers or local media to inform the public about upcoming checkpoints. This allows drivers to avoid the checkpoint if they wish. However, once you enter a checkpoint, you cannot leave.
The police must establish a system for stopping drivers at the checkpoint. For example, the police might stop every third vehicle to check for intoxication. They cannot deviate from this system. If you are singled out for some reason, the stop might be illegal.
Parked Vehicles
You may be arrested for a DWI even if your vehicle is stationary. Intoxicated people might be arrested if they have actual physical control of the car. For example, a driver sitting in the driver’s seat of a parked car with the keys in the ignition might have actual physical control of the vehicle. If the police believe they are intoxicated, they could be arrested.
Fighting DWIs and DUIs
Challenging a DWI or DUI may be difficult, but not impossible. Your lawyer can help you determine how to best fight the charges so you can hopefully keep your license and avoid serious penalties.
Challenging BAC Measurements
After an arrest for a DUI or DWI, chemical testing is mandatory. Prosecutors rely on BAC measurements to prove intoxication. Without it, the case might quickly fall apart. If there is any reason why your BAC measurements should not be trusted, we can raise this issue as a defense.
One possibility is that the chemical testing device was faulty. The equipment must be properly calibrated and maintained. If it is not, measurements might be inaccurate, and we might have the BAC measurements excluded from the case.
While chemical testing is mandatory, the police may not conduct testing without your consent. According to N.J.S.A. § 39:4-50.2(e), the police may not conduct chemical testing by force. If they do, the BAC results may be tainted evidence and kept out of the case.
Involuntary Intoxication
Involuntary intoxication is a defense strategy that may be helpful if you did not willingly consume any intoxicating substance. For example, maybe you were at a bar drinking something non-alcoholic. Next, suppose someone spiked your drink without your knowledge. The drug might kick in on your drive home, and the police might pull you over. To be convicted, your intoxication must be voluntary.
Unlawful Stops
If the traffic stop was illegal, evidence obtained during the stop may be suppressed and not used against you. An illegal stop might be one that is totally arbitrary. The police must be able to articulate a specific legal reason for the stop.
Another possibility is that the stop was conducted because of the driver’s race, gender, or some other discriminatory reason. These claims can be difficult to prove, but your attorney can help you.
Can I Go to Jail for a DWI or DUI?
DWI charges come with numerous penalties, and many defendants are afraid of possible jail time. According to N.J.S.A. § 39:4-50(a)(1), jail time is possible but not mandatory for first-time offenders.
Generally, the judge has the discretion to sentence a first-time DWI offender to up to 30 days in jail, but they may choose not to.
Drivers facing a second DWI may face a potentially higher jail term of no less than 48 hours and up to 90 days. The length of your specific sentence depends on how the judge decides to impose it.
Those facing a third or subsequent DWI face a more significant jail term. You would have to serve at least 180 days in jail, or approximately 6 months.
Our Corbin, NJ DUI and DWI Attorneys Are Here to Help
Get started with a private, free case review from our DWI and DUI lawyers when you call the Lombardo Law Group at (856) 281-9600.
