DWI Laws in New Jersey
10 Things To Do When Arrested for DWITen steps to follow when you are arrested for DWI.
1. Stop your vehicle on the right and wait for the police officer in the car.
In any event, do not go out of your car until you are told to do so.
2. Place your hands on the top part of the wheel and open the window.
These behaviors assist you not to look suspicious. If it is at night, you may want to turn on your interior light.
3. Always be polite.
Always be polite to the officer. No matter how nervous or upset you are, there is no need to be rude to the officer who is doing his job.
4. Do not lie, but do not talk too much.
Next, the officer will talk to you such as, "you've been going really fast." (in case of speeding), "you did not stop at the stop sign" (ignoring a stop sign), etc. In any event, do not lie, but do not talk too much. Remember, your behavior as well as your physical characteristics are already monitored and about to be recorded on police records.
5. Keep your glove box neat and clean.
After a short conversation, the officer will ask you to show him/her a registration card, an insurance card, and the driver's license. I recommend you to keep your glove box neat and clean anytime so that when you take out those documents, you will give a good impression to the officer. The officer will not check the neatness or cleanness of the box, but if you drop any cards in handing them, or if you take too much time finding them, it will be written down, if you are investigated for DWI. This evidence may be used as a sign of intoxication even though you dropped a document because you were nervous.
6. "I cannot answer that." Or "I want to speak to an attorney."
If the officer asks you if you have been drinking, say, "I cannot answer that." Saying "I want to speak to an attorney" would also help if you were suspected for a serious charge.
7. Refuse taking tests on the road.
Next, you may be asked to step out of your vehicle. You must do so when asked. If so, you will be asked to perform tests on the road as I explained in Did You Do Any Test On The Road? Do not do any of these. As explained, there is neither a legal obligation nor any additional penalty for refusing these tests.
8. Take the breath test.
New Jersey drivers are obligated to take the breath tests. If you refuse taking one, you will be charged with both DWI and Refusal. In general, taking the breath tests can give you more defenses than refusing it.
9. Get your blood examined at a hospital.
After release, I recommend that everyone have blood taken at a hospital to measure BAC. The alcohol detection instrument can sometimes yield inaccurate results. Having your BAC measured may help you in court. A good DWI attorney knows what evidence to use. Gathering your own evidence can be a good idea.
10. Consult a DWI attorney immediately.
Consult a DWI attorney as soon as possible while your memory is still fresh. Have all the papers ready and call the attorney for consultation. Keep your next court date in mind as missing it can cause a warrant to be issued against you.
Contact New Jersey's Top DUI Attorney, Bartholomew Baffuto, Esq. now