Those who drive under the influence of drugs or alcohol in New Jersey can be charged with Driving While Intoxicated (DWI). DWI is a serious offense. Those who drive while impaired have a high propensity to commit careless maneuvers and cause catastrophic accidents.
The penalties for DWI can vary depending on several factors such as the motorist’s level of intoxication and criminal record. Repeat offenders will face more significant consequences for their behavior. It is crucial to have experienced legal representation on your side when fighting a DWI charge. Our legal team can help protect your interests and fight for your acquittal.
Get help from our experienced DUI defense lawyers by calling the Lombardo Law Group, LLC at (609) 445-4300.
How Police Officers Identify Drunk Drivers in West Deptford Township, NJ
Police officers are trained to look for specific driving habits when determining whether a motorist is impaired. Actions that violate certain traffic laws serve as apparent giveaways that a driver is drunk. For example, swerving between lanes or driving at night without headlights may cause an officer to pull you over and perform a sobriety test. However, your conduct does not have to violate specific laws to warrant a traffic stop. For instance, an officer may pull you over because you were travelling extremely slow or hesitated before proceeding through a green light – all of which are signs you might be drunk.
Signs of Intoxication
After you have been pulled over, the police officer will analyze your conduct to determine whether you have been drinking. An officer may suspect that you are drunk if you are slurring your words, have red eyes, or smell like alcohol.
Field Sobriety Tests
If further suspicions arise that indicate you may be impaired, then the officer will typically ask you to perform field sobriety tests. Field sobriety tests will include various challenges that are particularly difficult for drunk drivers. For instance, you may be asked to follow a moving object with your eyes while keeping your head still. You may also be asked to walk in a straight line or keep your arms at your side while balancing on one leg. You can legally refuse these tests, but it might annoy the officer.
Breathalyzer Tests
Furthermore, if a police officer suspects that you were driving drunk, they may ask you to complete a breathalyzer test. A breathalyzer is a diagnostic device that is used to measure your blood alcohol content (BAC).
When you consume alcohol, the chemical will be absorbed through your stomach lining and into your blood. As blood passes through your lungs, the alcohol in it will evaporate and move into the lungs. The concentration of alcohol in your lungs will relate to the amount of alcohol in your blood.
The initial “presumptive” breathalyzer test administered during a traffic stop cannot be used as evidence and may be refused. However, the test administered as part of an arrest can be used as evidence against you and cannot be refused without facing penalties.
What Happens When You Refuse a Breathalyzer Test in West Deptford Township, NJ?
You may refuse to take a breathalyzer test administered as part of the arrest, but you will be penalized for doing so. Drivers in New Jersey are required to consent to breathalyzer tests when they are pulled over.
The first time you refuse a breathalyzer test, you can face penalties such as a 12-month suspension of your license, a fine between $300 and $500, a substantial increase in your insurance rates, and the placement of an ignition interlock device on your car. An ignition interlock device is a small breathalyzer hooked up to the ignition system that prevents you from starting your car unless you provide an alcohol-free breath sample. Like the penalties for DWI, the penalties for refusing a breathalyzer test increase with repeated offenses.
You are, however, allowed to refuse field sobriety tests and any presumptive breath tests administered before an arrest during the traffic stop. However, if you refuse to take those tests, you may still be arrested based on the other evidence against you and asked to blow into a breathalyzer at that time.
What if You Are Caught Sleeping in Your Car While Drunk in West Deptford Township, NJ?
Some motorists believe that sleeping in their car is the appropriate thing to do if they are too drunk to driver. However, this does not protect you from being charged with a DWI in New Jersey. There are many situations where sleeping in your car with the engine running, with the keys in your hand, or under other circumstances will still qualify as a DWI. In this case, you can face the same penalties that would apply to any other DWI charges.
Examples of Defenses to DWI Charges in West Deptford Township, NJ
There are several potential defenses you may use to fight a DWI charge.
First, a common defense that is used involves questioning the accuracy of a breathalyzer. Breathalyzers are complicated pieces of machinery that must be handled delicately, adequately maintained, and properly calibrated. In many instances, issues with breathalyzers can cause drivers to be given false positives for high levels of BAC. If this happened to you, you may be able to challenge the breathalyzer test results to prevent them from being admissible in court.
Defendants can also fight DWI charges by asserting that their arresting officers committed procedural errors. When pulling someone over and administering a breathalyzer test, police must abide by specific procedures. If these procedures are not adhered to, then defendants in DWI cases may be able to have their charges dismissed.
Furthermore, if the prosecution uses results from your field sobriety tests to argue that you were impaired, you may be able to challenge the arresting officer’s interpretation of your performance or their testing procedures. You can also challenge the tests if the officer performed it incorrectly or lacked the proper training to administer the tests.
Finally, you may defend against a DWI charge by asserting that you suffer from a medical condition that impairs your ability drive. For instance, drivers who experience seizures or inner ear problems may exhibit poor driving behavior when affected. If your medical condition misled an officer to believe that you were impaired, then you can fight the charges you are facing. It might not be safe to drive under these conditions, and you might still receive a ticket, but you should not be charged with DWI if you were not actually intoxicated.
DWI Defendants in New Jersey Can Call Our Law Firm for Support
Seek guidance from our experienced DUI defense lawyers by calling the Lombardo Law Group, LLC at (609) 445-4300.
