What Are a Driver’s Rights During a New Jersey DWI Investigation?

Knowing your rights during a DWI investigation is crucial. The Law Office of Bartholomew Baffuto, Esquire, practicing in Defense of New Jersey DWI and Criminal Cases, emphasizes the importance of understanding these rights. This article will outline what you need to know if you are ever stopped or investigated for a DWI in New Jersey.

The Right to Freedom from “Unreasonable Searches and Seizures”

The Fourth Amendment protects citizens from unreasonable searches and seizures in the United States. This means police must have a valid reason to stop and search your vehicle.

Police Must Have Reasonable Suspicion to Stop Your Vehicle

For a police officer to pull you over, they must have reasonable and articulable suspicion that you are breaking the law. This could include traffic violations such as speeding, swerving, or running a red light. Without reasonable suspicion, any evidence obtained during the stop may be inadmissible in court.

Police Must Have Probable Cause to Arrest You

If a police officer suspects you of driving under the influence, they need probable cause to make an arrest. This means there must be clear evidence, such as the smell of alcohol, failed field sobriety tests, or a positive field preliminary breath test. Without probable cause, your arrest could be challenged in court.

The Right to Leave if the Police Are Not Arresting You

If the police stop you and are not arresting you, you have the right to leave. Police cannot detain you without reasonable suspicion or probable cause. One may ask the police whether they are free to leave. If you are not free to go, the officer must inform you that you are being detained.

The Right to Remain Silent

During a DWI investigation, you have the right to remain silent. You are not required to answer any questions that may incriminate you. It is important to remember that anything you say can be used against you in court. Politely inform the officer that you are exercising your right to remain silent.

The Right to Have an Attorney Present

One of your most critical rights during a DWI investigation is the right to an attorney. If you are arrested, you should immediately request to speak with a DUI lawyer in NJ. An attorney can help protect your rights and guide you on how to proceed with your case.

Rights Regarding Field Sobriety Tests

Police officers commonly use field sobriety tests to determine if a driver is under the influence. However, you have specific rights regarding these tests.

Refusing Field Sobriety Tests

In New Jersey, you can refuse to take field sobriety tests.

Receiving Clear Explanations of the Field Sobriety Tests

If you agree to take field sobriety tests, the officer must provide clear instructions and explanations for each test. If the instructions are unclear or confusing, it could affect the validity of the test results.

Rights Regarding Chemical Testing

Results of chemical tests like breath, blood and urine measure are evidentiary. You also have the right to refuse to provide blood or urine for testing. However, if the police obtain a search warrant, then you must comply with the Court’s order that you provide a blood or urine sample. There are legal penalties for refusing breath testing—with or without a warrant.

Breath Testing

Breath tests are commonly used during DWI investigations. In New Jersey, if you are asked to take a breath test, you must comply. Refusing a breath test can carry severe penalties, including license suspension in many cases.

Blood and Urine Testing

Blood and urine tests may be requested if the breath test is not feasible or if additional evidence is needed. You have the right to know why these tests are being requested and to refuse them if the police do not have a search warrant.

The Right to Have Your Rights Read to You

Upon arrest, the police must read you your Miranda rights, which include the right to remain silent and the right to an attorney. Your statements may be inadmissible in court if these rights are not read.

Remember to remain calm and exercise your rights if you are in this situation. For more information or legal assistance, contact the Law Offices of Bartholomew Baffuto. An experienced attorney can provide the guidance you need to navigate the complexities of a DWI case in New Jersey.

This blog post is for informational purposes only. It is not legal advice. Legal advice to any individual concerning a specific matter can only be obtained by consulting a licensed attorney one-on-one.

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