Being charged with a DWI or DUI might feel like the end of the world, but it does not have to. With an experienced attorney to help you, you can defend yourself against baseless charges or unfair penalties. Since DWIs are governed by the vehicle code rather than the vehicle code, they are not technically considered crimes. Even so, you might feel as if you are being treated like a common criminal throughout the process.
After being pulled over for a suspected DWI, you should cooperate with law enforcement while avoiding doing or saying anything to incriminate yourself. Knowing what to do in the moment can be difficult, and you should contact an attorney as soon as possible. Penalties for DWI charges are known to be steep, especially if someone has previous convictions or a high level of intoxication. Fines, license suspensions, and even jail time are all possibilities. Your attorney can help you determine the most effective defense for your situation, such as challenging chemical testing, accusations of intoxication, or your alleged history of DWIs.
Receive a private case assessment for no cost from our DUI and DWI defense lawyers by calling the Lombardo Law Group at (609) 418-4537.
What Happens After Being Pulled Over for a DWI or DUI in English Creek, NJ
Being stopped by the police for any reason can be nerve-racking, but being pulled over for a suspected DWI is a very frightening experience. It can be easy to panic, and you might say or do things that could come back to haunt you later. The key is to remain calm, try to cooperate with law enforcement, and avoid doing anything to incriminate yourself.
You might be asked to step outside the vehicle. This is a fairly normal part of traffic stops when the police suspect that a driver is intoxicated. They might want you to perform field sobriety tests, such as standing on one leg or walking in a line heel-to-toe. These little tests are designed to trip up someone who is intoxicated, and they may be used to establish probable cause to arrest you. While it might be difficult, you are allowed to refuse to perform these tests. Similarly, if the police ask you to submit to a roadside breath test, you may say no. Tell our DUI and DWI attorneys if you refuse any sort of test, and we can make sure the police do not try to penalize you for it.
If the police believe that they have enough probable cause to arrest you for a DWI, your situation may change drastically. After an arrest, chemical testing becomes mandatory under N.J.S.A. § 39:4-50.2(a). Instead of a small, portable device, law enforcement may have you submit to testing using more advanced equipment at the police station. If you refuse, there may be additional charges and penalties.
Contact a lawyer as soon as possible. DWI cases in New Jersey tend to move quickly through the courts, and your time to prepare a defense may be more limited than you realize.
Possible Penalties for DWI and DUI Charges in English Creek, NJ
Penalties for DWIs and DUIs in New Jersey are described under N.J.S.A. § 39:4-50(a). The extent of your penalties for a DWI conviction depends on multiple factors, including how many DWIs you have been convicted of previously and your level of intoxication. Someone dealing with their first DWI who also had a somewhat low blood alcohol concentration (BAC) may face more lenient penalties than someone dealing with a second or subsequent offense with a high BAC.
Penalties may include fines, jail time, license suspensions, and the installation of ignition interlock devices. The degree of these penalties depends on your unique situation. For example, a first-time offender may pay a fine of no less than $250 or more than $400. A defendant facing their third offense may be fined $1,000.
The duration of license suspensions also varies greatly. For example, a first-time DWI conviction may not carry a license suspension as long as the defendant installs an ignition interlock device in their car. However, someone convicted of their third offense may lose their license for 8 long years.
Determining the Most Effective Defense Strategies for Your DWI Case in English Creek, NJ
The best defense is not the same for everyone. Your lawyer can review the evidence and facts of your case to help you determine the most effective defense tactics for you.
Challenging Chemical Testing
Since chemical testing results are often the key piece of evidence used by prosecutors in DWI cases, it makes sense that challenging BAC measurements or other chemical testing results is a common strategy.
Remember, chemical testing is required by law after you are arrested. Refusal of chemical testing may be met with additional charges, according to N.J.S.A. § 39:4-50.4a(a). However, under § 39:4-50.2(d), the police are required by law to inform drivers of their rights regarding mandatory chemical testing. They must explain that drivers are legally required to submit, and additional charges may be assessed for refusal. If a driver refuses without having been informed of the consequences, they should not be convicted of the refusal.
Under subsection (e) of the same law, the police cannot make someone submit to mandatory chemical testing using physical force. If you were physically forced to submit to testing, you may be able to fight charges for refusal. Additionally, we might be able to exclude the results of the forced testing from the case, which may greatly weaken the case against you.
You Were Not Intoxicated
Maybe the officers were wrong, and you were not actually intoxicated. Perhaps you were behaving strangely during the traffic stop for other explainable reasons, and the police mistook your behavior for intoxication. Maybe your slurred speech is due to a medical condition or speech impediment. Maybe your car smelled like alcohol because you just dropped off a friend who had spilled beer all over the front seat. Perhaps you were driving recklessly, but you were not intoxicated. Maybe you take medication that interferes with chemical testing. Even something like mouthwash on your breath can affect breath-testing devices. Anything is possible, and you should talk to your attorney about it.
Your Driving Record
Even if we cannot refute the pending charges against you, we might be able to prevent prosecutors from using previous convictions if they are too old. Generally, prosecutors may use previous DWI convictions when assessing new charges as long as old convictions are from the past 10 years. If you were convicted of a DWI more than 10 years ago, it should not be considered in your case now.
Similarly, you might have been arrested for a DWI but never convicted. The prosecutor might mistakenly try to use this to upgrade your charges from a first-time offense to a second offense. We can review your driving record to point out the error and hopefully reduce your charges to the least harsh.
Contact Our English Creek, NJ DWI+DUI Lawyers for Help Immediately
Receive a private case assessment for no cost from our DUI and DWI defense lawyers by calling the Lombardo Law Group at (609) 418-4537.
