In theory, you can easily avoid a Driving While Intoxicated charge by not drinking and driving. Unfortunately, there are many cases in which a driver may be wrongfully charged, or may not have realized his or her blood alcohol level was over the legal blood alcohol content (BAC) limit of .08%.
Never Drive While Under the Influence
If you plan to consume alcohol within several hours of needing transportation, then arrange for a sober driver, a taxi, or public transit. Plan to stay the night at a friend’s house if you are drinking. Offer to host friends at your house rather than going out for the night. Rotate sober driving duties with a group of friends or your partner. If you are a parent, agree to pick your kids up from any location if they need a ride, no questions asked.
Never take illegal drugs before driving, and use caution when taking prescription drugs, which can also impair your driving. Consult your doctor about whether it is safe to drive while taking your medication.
Follow All Traffic Laws
Even if you have not been drinking, do not raise suspicion by failing to obey traffic laws, such as swerving, texting, driving while drowsy or distracted, speeding, running lights, not making complete stops, forgetting to signal, driving too slowly, fiddling with your GPS or roadmap, etc.
What To Do If You Are Pulled Over
Even if you take all the precautions to avoid a DWI, you may nevertheless get pulled over on the suspicion of drunk driving. How you conduct yourself can effect whether you are ultimately charged with a DWI. Below are 2 important tips to remember:
– Be respectful at all times. You are not required to answer questions about where you are coming from or what you have been doing. However, if you act evasive, this can raise red flags for an officer. Instead, be brief and courteous.
– You cannot be forced to submit to a field sobriety test or breathalyzer, though an officer who suspects you are intoxicated may still arrest you. In New Jersey, you give implied consent to breathalyzer tests when you obtain your license. If you refuse, the penalty is a $1000 surcharge for three years, totaling $3000.
Contact Us!
For more information or to schedule a consultation with a New Jersey DWI attorney, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.
