Drunk and drugged driving offenses are some of the most serious driving offenses there are. Conviction of DUI/DWI charges could leave you with fines, take your license away, and even require additional surcharges for insurance after your license is restored.
For help with your DUI/DWI charges, you should always work with a lawyer. Our attorneys can help you understand what evidence we might be able to get the court to throw out and what defenses we can put forth in your case, as well as what plea deals and alternative sentencing options might be available to you.
For help with your case, call the DUI/DWI defense lawyers at Lombardo Law Group for a free case review at (609) 418-4537.
What Constitutes DUI/DWI in Salem, NJ?
Under NJ law, driving under the influence (DUI) is interchangeably referred to as “driving while intoxicated” (DWI) to refer to the crime of drunk driving. Additionally, the phrase “DUI” is often applied to drugged driving as well. Regardless of what you call it, drunk or drugged driving is a serious traffic violation under NJ law that our DUI/DWI defense lawyers can help protect you against.
For the government to prove you committed a DUI/DWI offense, they need to show you were drunk or on drugs and that you were operating a vehicle:
Intoxication
Under N.J.S.A. § 39:4-50, you can be charged with drunk driving if you are “under the influence” or if you are intoxicated “per se” with a blood-alcohol concentration (BAC) of .08% or higher. A BAC of .10% has higher potential penalties akin to those for drug DUIs, and over .15% is an even more serious DWI. The amount of alcohol in your system – measured as BAC – can be proven with a breath or blood test, though breath tests are more common in NJ.
For drug DUIs, you can be charged if you are “intoxicated” by drugs. This can be proven with or without a blood test.
Operation
The prosecution has to prove that the driver was actually operating a vehicle to get a DUI/DWI conviction. In this context, operation refers to actually being in control of the vehicle and able to drive it.
What is and is not “operation” will be up to the factfinder in your case – the judge – when the facts are analyzed, but some principles should be considered. First, you cannot drive a car if you do not have access to the keys. Even if you are in the driver’s seat, if you do not have the ability to start the car, you probably cannot be considered to have “operated” the vehicle. Second, if the vehicle is in a parking lot at a bar, it would seem you did not leave – i.e., that you never drove anywhere. If the vehicle is on the side of the road or in a place that you had to drive it to, then it might be clear you did operate the vehicle at some point to get it there, even if you are not currently operating the vehicle.
Another important aspect of the NJ DWI/DUI statute is that it actually allows charges if you let someone else drive your car. Sure, they can be charged with DWI/DUI as well, but the fact that you let them drive your car while they were intoxicated can result in charges for you, too.
Fighting DUI/DWI Charges in Salem, NJ
Fighting a DUI/DWI case starts from the moment you encounter the police. There are steps you can take during traffic stops – and steps you should not take – that might restrict the availability of evidence. Our lawyers can also investigate the facts and take steps to have evidence removed from your case.
Traffic Stops
Police cannot stop you in your car unless they do so at a DWI checkpoint or they have “reasonable suspicion” to stop you. Usually, with traffic stops, they will have proof that you committed some other traffic violation before stopping you for a DWI investigation. If they do not have evidence of something like running a red light or speeding, it may be that the whole stop was illegal. Any evidence or arrests resulting from an illegal stop should be thrown out.
During the stop, you can refuse to answer police questions – though they might give you a hard time for it. You can also refuse to perform any field sobriety tests or take a portable breath test – the kind of breathalyzer used before arrest.
Arrest
Before you can be arrested, police need “probable cause” that you committed the crime. Without this, the arrest and any evidence it leads to should be thrown out.
Once you are arrested, police can perform a breathalyzer test that you cannot legally refuse without additional penalties, including a license suspension. If you are going to be charged with a drug DUI, they may want a blood test instead. The form of testing is usually up to the officers, but they should have a warrant for any test more intrusive than a breath test, or else that evidence should likely be thrown out.
Questioning
You do not have to answer any police questions beyond questions about your name, birthdate, etc. If police want to question you, you can tell them you want to remain silent and that you want a lawyer, and their questions are legally supposed to stop. If they question you while in custody without warning you of your rights, any information they obtain from that questioning should be suppressed.
Testing
If the chemical breath test or blood test was performed improperly, if the results were tainted, or if the prosecution dos not present the evidence properly in court, we may have arguments to have the evidence removed from your case, potentially making it impossible for them to prove you were drunk or high.
Call Our DUI/DWI Lawyers in Salem, NJ Today
Call (609) 418-4537 for a free case review with the DUI/DWI defense lawyers at Lombardo Law Group.
