According to New Jersey law, you can be convicted of DWI if your blood alcohol content (BAC) is at least 0.08% at the time of a traffic stop. You may remember from drug and alcohol education class in school that the body metabolizes alcohol at a rate of about one alcoholic beverage (defined as a 12-ounce can of beer, five-ounce glass of wine, or one-ounce shot of liquor) per hour, so there is nothing you can do to sober up instantly. If you happen to have bought a venti coffee from Starbucks just two minutes before you saw the blue lights, chugging it by the time the officer reaches your car window will not change your BAC. There is nothing you can do to make the traffic stop go away; you just have to get through it. Use common sense during the traffic stop, and then contact a New Jersey DWI lawyer afterward to reduce your chances of getting a DWI conviction.
Do Get Organized Before You Drive
Before and after your breathalyzer test, police officers are looking for every piece of evidence they can show or tell the court to make it look like you were way too drunk to drive and it is a good thing they stopped you before something terrible happened. If you have a hard time finding your driver’s license and registration when the officer asks you to show them these documents, they may use this as evidence that you were drunk. Worse, it gives them extra time to look at the inside of your car and see items that they can claim are drug paraphernalia, which they can use as an excuse to search your car. The cops will not have time to notice the spoon from Dairy Queen on the passenger seat of your car and decide that it must be for cocaine or meth if you quickly hand over your driver’s license and registration.
Do Ask Questions Before You Take a Field Sobriety Test
Field sobriety tests are often a setup to give cops an excuse to arrest you. It is difficult to walk on an imaginary tightrope or recite the alphabet backwards even if you are sober. Before you do the test, repeat the instructions back to the officer to make sure you understand them. This way, you can show that you are sober enough to understand instructions and that you are not failing the test because you misunderstood what you are supposed to do. You know how Gordon Ramsay always advises kitchen staff to repeat back the orders that servers tell them, to avoid misunderstandings? It works for DWI traffic stops, too.
Likewise, ask the cop if you can do the test on a flat, well-paved area. Not only does this help you avoid walking unsteadily because of the terrain, but it also shows the police that you are thinking clearly.
Do Not Refuse a Breathalyzer Test
You might have seen DWI lawyer billboards that say “do not blow,” but refusing a breathalyzer test is a terrible idea. The court will take this as an admission that your BAC exceeds the legal limit. Instead, take the breathalyzer test and show your lawyer the results. Our experienced DWI attorneys have the know-how to prove these results inaccurate or unreliable and often get breath test readings thrown out entirely.
Do Not Do Anything Incriminating in Front of the Camera
The potential penalties for a DWI in New Jersey can be severe, but do not make it worse by incriminating yourself on camera. Most traffic stops are filmed these days; the main purpose is to prevent police brutality, but the cameras can also catch defendants in the act of breaking the law. Exercise your right to remain silent.
Do Hire a DWI Defense Lawyer
All defendants have the right to have a professional attorney represent them. It is worthwhile to hire a law firm that dedicates a substantial portion of its time to DWI cases. Your lawyer may be able to help you get the charges dropped or reduced or to get a not guilty verdict at trial.
Contact a New Jersey DWI Defense Lawyer
When you get pulled over for DWI, keep your attention focused on making the DWI case go away after the traffic stop is over. A criminal defense lawyer specializing in DWI/DUI can help you avoid getting a conviction after a DWI traffic stop. Contact the Law Offices of Jonathan F. Marshall to discuss your case.
