If you’re facing a DWI or DUI charge in New Jersey, you’ve probably heard several myths about your rights or what to do now that you’re charged with drunk or otherwise impaired driving. This post addresses some of the top DWI/DUI myths:
#1: When the law enforcement officer demands that you submit to field sobriety testing, you must do so.
You have the right to refuse. Although the officer has the right to obtain a virtual warrant, it could take longer than an hour for him or her to do so. If you consumed alcohol, your blood alcohol content (BAC) could decline below the legal threshold of 0.08 percent in that period of time. Although he or she won’t unarrest you, it’s possible to present the argument that you were below the legal DWI/DUI threshold in New Jersey. When you’re asked to submit to field sobriety tests, maintain your right to refuse and contact an experienced New Jersey DWI/DUI attorney right away.
# 2. I’m home free if I test below the legal limit of 0.08 percent on a breathalyzer or a blood test. The State of New Jersey can’t charge me with a DWI/DUI.
Unfortunately, this myth is false. After the officer arrests you, he or she won’t void the arrest. He or she is likely to argue that the results were higher before you submitted to testing. Don’t discuss anything with the officer. Don’t argue. In this example, the state doesn’t have the necessary proof to convict you of DWI/DUI. Contact an experienced DWI/DUI attorney in New Jersey now.
# 3. I took the breathalyzer test when the police officer asked and my results were above 0.08 percent. I don’t have another choice, so I plead guilty to accept the consequences. I’ve never been convicted before, so it shouldn’t be a big deal, right?
No. If your breathalyzer test is above the 0.08 percent threshold, this isn’t proof of your guilt. Other defenses exist, including false positives, low carbohydrate diets, and others. Never admit guilt. Contact a knowledgeable New Jersey DWI/DUI attorney immediately.
If you’re stopped by a law enforcement officer and accused of driving drunk or driving while intoxicated, stay calm. Respond politely to the officer, but don’t offer incriminating information. Never admit guilt. Choose to refuse until you contact The Law Offices of John W. Tumelty at 609.385.4010. We’re available 24/7 to help.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.