Being pulled over on suspicion of driving under the influence can be humiliating and stressful. The additional stress during a DWI stop can only compound the tension. If you are pulled over or arrested for suspicion of drunk driving, it may help to remember that it happens to more than 25,000 people in New Jersey each year. If you are stopped for drunk driving, there are a few tips to remember to keep calm so you can put your best foot forward.
Be Polite, But Matter-of-Fact
Always treat police officers courteously, keeping in mind that they are simply doing their jobs and attempting to keep the roadways safe. Becoming combative or defensive may only hurt your case. Talking too much or providing too much information can raise red flags for officers who are trained to look for nervousness and overreaction from drivers.
You are not obligated to answer any questions regarding where you came from or what you were doing. However, this does not prevent the officer from arresting you if he suspects that you are impaired. Answering questions about what you have had to drink or how much you have been drinking can negatively impact your case. If you have been drinking, it is better not to answer the question or to say you cannot remember.
Follow Instructions and Do Not Argue
Do what the officer tells you, but follow his instructions precisely. Do not begin the field sobriety test until he tells you to start. Even if you think you know what you are being asked to do, wait for the officer’s instructions. Likewise, do not get out of your car until or unless you are asked to.
Never argue with the officer or try to tell your side of the story. If you believe you were unfairly stopped or that the officer is acting improperly or biased toward you, you can discuss that with your DWI attorney later.
Assume That All of Your Actions Are Being Taped
The officer may have a dashcam or body camera activated for your protection and his. Passersby or witnesses could also be filming. Do not make any sudden movements, and do not do or say anything that could come across as belligerent, suspicious, threatening or untruthful.
Keep the Implied Consent Rule in Mind
New Jersey has an implied consent law that states that when a driver obtains a license, he or she implies consent to submit to a breath test. If you refuse a breathalyzer test, the officer can arrest you and transport you to a hospital, where a blood sample can be taken.
You can still refuse a breath test at the scene of the traffic stop. However if you do so, you will be saddled with heavy fines and surcharges, plus the loss of your license for up to a year. In fact, the penalties are very similar to the penalties for actual driving while intoxicated.
Call Us!
If you or a loved one has been accused or convicted of a DUI, an experienced New Jersey DUI attorney can protect your legal rights. For more information or to schedule a complimentary consultation with a New Jersey DUI attorney, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.
