Charges related to driving while intoxicated (DWI) or driving under the influence (DUI) are hard to escape. Even after a defendant has completed all aspects of their sentence, a DWI will likely come back to haunt them at some point. The best way to handle a DWI or DUI is to contact an experienced attorney and discuss the best defense strategies available in your case.
Some people are charged with DWIs or DUIs after routine traffic stops. Others are charged after driving through a DWI checkpoint. Still, others are charged when they are not even driving, which is possible under very specific circumstances. The authorities may ask you to submit to chemical testing after you are arrested but before you are formally charged. The results of this testing will almost certainly be used against you, and refusing to comply is illegal and may lead to additional charges. However, the police must follow certain rules when they do chemical testing. If they do not, you might have grounds to challenge your DWI.
Our DUI and DWI attorneys can be reached at the Lombardo Law Group, LLC at (609) 418-4537 and can offer a free, private case review to get you started.
How Someone Might Be Charged with a DWI or DUI in Elwood, NJ
People often associate DWIs and DUIs with traffic stops. While this is a common way of being charged, it is not the only way. Many other drivers are charged in relation to DWI checkpoints set up by the police. Still, some people are charged even though they were not driving, which is possible under certain circumstances.
Traffic Stop
Traffic stops are perhaps the most common way that drivers are arrested and charged with DWIs. If you were pulled over for a routine traffic violation before the police arrested you for a DWI, tell our DWI and DUI defense lawyers everything that happened. If the police did something to violate your rights, certain evidence might be considered tainted and not used against you in court.
First, the police need reasonable suspicion to stop you. This involves something observable by the police that indicates a crime is being committed. On the road, reasonable suspicion often involves normal traffic violations. For example, the police can pull you over for recklessly weaving between lanes while speeding. They cannot pull you over because they have a gut feeling you might be drunk. Similarly, they cannot pull you over at random.
Second, reasonable suspicion is not enough to arrest someone for a DWI. Even if the police saw you driving recklessly, that alone is not enough to arrest you for a DWI. The police must have probable cause to arrest, which is much more than reasonable suspicion. Again, probable cause may come from numerous factors and details observed by law enforcement, but they must be observable and articulable, not hunches or gut feelings. If you believe the police could not possibly have had enough probable cause to arrest you, let your lawyer know.
Checkpoint
Some drivers are charged after being stopped at a DWI checkpoint set up by the authorities. A checkpoint is a stretch of road where the police may stop almost any driver who passes through to check for signs of intoxication. If the police do not notice any signs of intoxication, drivers can pass through fairly quickly.
Checkpoints must be set up according to specific rules. Generally, the police must inform the public about checkpoints ahead of time, usually by placing notices in newspapers or having them reported on local news. Additionally, the checkpoint must stop drivers according to a non-arbitrary system. For example, the police might stop every third driver, preventing them from making random or arbitrary stops. Finally, the checkpoint must serve a real and articulable need. The police cannot set them up just because they feel like it. For example, if the police notice an increase in drunk drivers along a specific stretch of the highway on Saturday nights, they have good reason to set up a checkpoint there on Saturday night.
Charged Without Driving
In some cases, defendants are charged without ever driving the car. According to N.J.S.A. § 39:4-50(a), a person may be charged with a DWI if they knowingly let someone who is intoxicated drive a car under that person’s control. Put another way; if you allow a drunk friend to borrow your car and you know they are drunk when you give them the keys, you may be charged with a DWI in addition to your friend. Perhaps the best way to defend yourself in this situation is to prove that you were unaware that your friend was drunk. Perhaps they were able to hide their intoxication well. Maybe they did not become intoxicated until after borrowing your car. Maybe they did not take the car with your permission.
How Chemical Testing Works in Elwood, NJ DWI Cases
Chemical testing often involves breath testing, but it may also include blood or urine testing, depending on the circumstances. While chemical testing and DWIs tend to go hand in hand, there are strict rules about how and when testing may be conducted. If these rules are not followed, the authorities may inadvertently violate our rights, and the test results may be excluded from your case.
Implied Consent
A lot of people want to know how the police can make someone submit to chemical testing. After all, would it not make more sense to resist testing so the police cannot obtain more evidence to use against you? The answer to this question lies in New Jersey’s implied consent law under N.J.S.A. § 39:4-50.2(a). Under this law, drivers imply their consent to post-arrest chemical testing by virtue of driving on public roads. While chemical testing is mandatory under this law, the police are not permitted to use force to get someone to submit to testing.
Penalties for Refusal
While chemical testing is required, you cannot be forced to comply. However, under § 39:4-50.4a(a), drivers who refuse to submit to testing may face additional charges and penalties. If the refusal is related to the defendant’s first DWI, the penalties may include the forfeiture of their driver’s license until they install an ignition interlock device in their vehicle. If the refusal is related to a second or subsequent DWI, the penalties may become increasingly harsher.
Contact Our Elwood, NJ DUI and DWI Lawyers for Assistance
Our DUI and DWI attorneys can be reached at the Lombardo Law Group, LLC at (609) 418-4537 and can offer a free, private case review to get you started.
