DWI charges can have a negative impact on your life for years to come. It does not help that many people feel so beaten down by the legal system that they do not think they can fight the charges. What many people do not realize is that DWI and DUI charges are not infallible, and many people are charged based on unsound or insufficient evidence.
The best thing you can do is cooperate with law enforcement as best as you can while also protecting your rights. Resisting the police may only lead to more trouble. If you are arrested, you may be required to submit to chemical testing. If the results should not be trusted – perhaps the testing equipment malfunctioned – our team can help you suppress evidence related to your blood alcohol concentration (BAC). You might be arrested even if you were not driving. People have been charged simply for being inside a parked car with the keys in their hands. Our team can examine your case and determine the best way to fight the charges.
Get a free, private evaluation of your case from our DUI and DWI lawyers at the Lombardo Law Group, LLC by calling (609) 418-4537.
How Our Oceanville, NJ DWI and DUI Attorneys Can Help You
Our legal team can help you fight your DWI charges. First, our DUI and DWI defense lawyers can assess the evidence against you and determine if anything was unlawfully obtained or can otherwise be excluded from the case. The more evidence we can keep out, the harder it will be for the authorities to get a conviction. Again, arguably, the most important evidence is your BAC measurements, which should be heavily scrutinized.
Next, we can check to make sure that prosecutors have appropriately charged you. DWI charges are often based on the defendant’s driving history. Charges and penalties become more severe when a defendant has previous convictions. However, prosecutors usually cannot go further back than 10 years into your history. If they are using DWI convictions that are from more than 10 years ago, we can argue that your charges are inappropriately harsh.
Our attorneys can also help you prepare for what might happen if you are convicted of the DWI. This might include making sure you understand the extent of the penalties and whether the penalties imposed are legal. If they are not, we can help you appeal.
What to Do if You Are Arrested for a DWI or DUI in Oceanville, NJ
If you are pulled over by the police for a suspected DUI or DWI, the best thing you can do is remain calm and cooperate with law enforcement. While you do not have to answer any incriminating questions, you should not resist arrest, as that may lead to more trouble. On top of that, the police may ask you to take a breath test using a portable testing device. They might also ask you to perform field sobriety tests to determine how intoxicated you are. You do not have to say yes to these things.
Chemical testing is no longer a choice if the police arrest you for a DWI. At that point, chemical testing is required by law. As described below, refusing to submit to post-arrest chemical testing may be met with additional charges.
After you are arrested, avoid answering questions without a lawyer. If the police want to question you, they must read your Miranda rights first, including your rights to remain silent and have a lawyer with you. Invoke these rights and contact an attorney as soon as possible.
Chemical Testing Requirements in Oceanville, NJ DWI and DUI Cases
As mentioned, chemical testing after being arrested is required by law. It is illegal to refuse to submit testing according to the implied consent law under N.J.S.A. § 39:4-50.2(a). According to this law, all drivers have impliedly consented to be chemically tested simply by operating a vehicle on public roads. If you refuse to submit to testing, you may face additional charges and penalties under § 39:4-50.4a(a). If this is your first DWI, the penalties for refusal include the loss of your license until you install an ignition interlock device in your car. If you already have DWIs on your driving record, the penalties may be harsher.
The police are required to advise you of your rights and the consequences of refusal. They are not permitted to use force to get someone to submit to testing. Tell your lawyer if you refused to test because you were not properly advised of your rights or were physically forced to submit to testing. In such cases, defendants might be able to challenge the charges and penalties for refusal.
Being Charged with a DWI or DUI in Oceanville, NJ When You Were Not Driving
It is possible to be charged with a DWI or DUI even if you are not actually driving. Legally, people may be charged as long as they have “actual physical control” over a vehicle while also intoxicated. When someone is driving, they clearly have control. However, the authorities may establish actual physical control even when a car is not moving.
What makes actual physical control is hard to say because it is not defined by any one thing. Instead, the police must assess the totality of the circumstances. For example, someone sitting in the driver’s seat with the keys in the ignition may be charged with a DWI even if the car is not moving or even turned on. However, if that same person were lying down in the back seat, it would be much harder to establish that they had actual physical control.
The police might also charge someone if they did not see them drive while intoxicated but believe they recently drove a car while under the influence. For example, the police might stop a pedestrian for being too intoxicated on a public street or sidewalk. Next, they might check the pedestrians’ car to see if it was recently driven. They might do this by touching the hood to see if it is warm. If the police believe the suspect drove the car while intoxicated, they might arrest them.
Speak to Our Oceanville, NJ DUI and DWI Lawyers About your Case Now
Get a free, private evaluation of your case from our DUI and DWI lawyers at the Lombardo Law Group, LLC by calling (609) 418-4537.
