It is common practice during DUI stops for police officers to ask a driver whether he or she has been drinking before determining the driver’s level of sobriety. How you answer this question may significantly impact your New Jersey DWI case if you are subsequently arrested for drunk driving.
Answer Politely and In a Non-Defensive Manner
Perhaps the best advice our New Jersey DWI lawyers give clients who find themselves having to answer the infamous question of whether they have been drinking driving during a DUI stop is to be polite and non-threatening. A defensive, offensive or challenging response may heighten the officer’s suspicion of a DUI. On the other hand, the polite, non-threatening driver will help put the officer at ease and reduce his suspicion of the possibility of a DUI.
An Admission May Later Haunt You at Trial
There is no right or wrong way to answer this question. Although lying may increase the likelihood that you will be arrested for a New Jersey DWI, responding that you had even one drink may later haunt you at trial.
If you answer “I had one glass of wine at dinner,” the police will use this information, along with your attitude, demeanor and other factors such as the smell of alcohol and bloodshot eyes, as evidence to go the next step in the process, the field sobriety test. And in the event that you are ultimately charged with a DUI, your admission will become part of the police report that will support the DUI case against you at trial.
Contact an Experienced Lawyer
If you or a loved one was arrested for a DUI, you need to immediately call New Jersey DWI Dan Matrafajlo at 908-248-4404 for a free consultation. We have offices in Elizabeth, North Brunswick and Newark, New Jersey to serve you. Mr. Matrafajlo has the experience in New Jersey municipal courts that you need. He has been recognized locally for his legal ability and named a Super Lawyers Rising Star by his peers. Dan has the knowledge and skill to prepare the best strategy and present the best evidence at your DUI bench trial to increase the likelihood of dismissing the DUI charges against you.
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