Driving while intoxicated (DWI) is not a crime, according to New Jersey law. The traffic courts, not the criminal courts, rule on DWI cases, and when a DWI case goes to trial, there is no jury, so the judge determines the verdict, as in a civil lawsuit. Despite this, the constitutional rights of defendants in criminal cases also apply to people who are being accused of traffic offenses, including DWI. Not only do DWI defendants have the right to representation by a criminal defense attorney in traffic court, but they also have other protections that defendants in criminal cases enjoy.
For example, the Fourth Amendment right to protection from illegal search and seizure applies in DWI cases, just as it does in criminal cases.
Remember that if you persuade the judge that the prosecution violated your rights to obtain its evidence against you, the court will reject the illegally obtained evidence, which greatly increases the chances of acquittal or the court dismissing your case. A New Jersey DWI defense lawyer can help you exercise your rights if you are being accused of drunk driving.
3 Rights That You Have If You Are Being Arrested for DWI
1. Representation by an Attorney From the Minute You See the Blue Lights Flashing
At a traffic stop, the law requires you to present your driver’s license and vehicle registration to the officer upon request, but you are not legally obligated to answer questions about your alleged drunk driving or anything else unless an attorney is present. You have the right to refuse to answer and to say that you will be contacting an attorney. A defense attorney can help you exercise your rights not only in traffic court but also during the investigation that leads up to your first court date, also known as an arraignment.
Unlike in criminal cases, hiring an attorney for DWI cases is optional. The court will not appoint a public defender to your DWI case if you choose not to hire a lawyer or if you cannot afford to hire one.
2. Suppress Unlawfully Obtained Evidence
To persuade the traffic court to dismiss your DWI charges, you do not have to prove with certainty that you were sober or that the drunk person behind the wheel at the time of the traffic stop was not you. You must only show reasonable doubt about the prosecution’s evidence. The prosecution only has the right to present evidence that it obtained while respecting your rights. Illegally obtained evidence is considered inadmissible, meaning that it is invalid and cannot be presented in court or play a role in the judge’s or jury’s decision.
For example, the prosecution can present evidence that police found drugs in your car, but they can only show this evidence if you consented to the search of your car. If you did not consent to the search, you can petition the court to suppress the evidence found during the search, meaning to exclude it from your case.
3. Seek an Alternative Disposition
Traffic court verdicts are not called innocent or guilty; the traffic court’s terminology differs from that of the criminal court. Therefore, plea deals in DWI cases are not called plea deals; they are called alternative dispositions, but they exist nonetheless. It is possible to get a DWI citation downgraded to a lesser traffic offense or even outright dismissed, but for all practical purposes, the only way to do this is with the help of a DWI defense lawyer.
You Do Not Have the Right to Refuse a Breathalyzer Test
During a traffic stop, you have the right to refuse a field sobriety test (FST) or to ask questions about the test before you consent to it. If an officer performs an FST without your consent, then its results are inadmissible in court. The same does not go for breathalyzer tests. Holding a New Jersey driver’s license implies a promise to drive only when your blood alcohol content (BAC) is less than 0.08%.
Therefore, you must take an Alcotest breathalyzer test if an officer tells you to, or you face a separate charge for refusing a breathalyzer test and it could make your DWI more difficult to defend. You do, however, have the right to challenge the results of the test in court. Our firm features attorneys who are certified in the handling and operation of the same breathalyzers that police use in DWI stops, and are specifically specialized in DWI defense. As such, we have the experience and expertise to get a breath test reading thrown out of your case.
Contact a New Jersey DWI Defense Lawyer
A DWI defense lawyer can help you if you are facing charges for DWI, whether you consented to a breath test or not. It is important to act quickly in your case so that your attorney has the best possible opportunity to build a strong defense for you.
Call us 24/7 at 877-322-2865 for a free consultation today to discuss how we can help with your DWI case.
