Hi, I just moved here in New Jersey and I heard that there are a lot of cases of DWI crimes in this state. What are the risks of getting arrested for DWI in the state of New Jersey?

Mayette

East Orange, NJ

There are a lot of risks of getting arrested for DWI in the state of New Jersey. Intoxication could either be from alcohol or from other substances and it could even include certain prescription drugs. It doesn’t matter if a person feels that he could hold his liquor, if he is caught driving with a blood alcohol content (BAC) of 0.08% or more, he would be in serious trouble. New Jersey DWI laws could be very specific, and police officers have vast powers in implementing them.

In East Orange, New Jersey, or anywhere in New Jersey for that matter, a driver could be arrested for DWI even without administering the Standardized Field Sobriety Tests. But in such cases, the state must prove that there was sufficient reason to take the person into custody. An officer could even arrest a driver for DWI who has an open liquor bottle in his vehicle, parked or otherwise. The probable cause here, which again the state must prove, would be the intent drive after consuming the intoxicant. A driver who realizes that he has consumed too much alcohol and decides to sleep it off in his vehicle could also be at risk of being arrested for DWI. In cases such as these, the problem would arise if the driver wakes up, he might think that he is sober and decide to drive, but the BAC could still be adverse.

My sister was recently charged with DUI here in Camden, New Jersey and she was told that she needs to get a DUI lawyer. How important is it to hire a DUI attorney who would defend her in her case?

Franklin

Camden, NJ

It is very important that you hire a DUI defense attorney to help your sister defend her DUI case in Camden, New Jersey. If she talks to a DUI attorney, the DUI attorney would analyze the facts of her DUI case and would give opinion about it. The DUI attorney can also discuss the approach that they could use to attack the case. The DUI attorney could be able to explain to her how he/she could protect her rights under New Jersey law, tell her what her options are and how the whole New Jersey judicial process works, so she would know exactly what happens.

Your sister would also learn how the DUI defense attorney would guide her through the court system and how he/she would champion her rights, using the attorney’s ingenuity and the options in the legal system to defend and protect your sister. The DUI attorney would review the complaint against her and would also go over the steps that were used to conduct the chemical and field sobriety tests against her to determine if they were valid and the DUI attorney would show her how the police officer’s testimony can be discredited.

I often wonder how police officers in Edison, New Jersey determine that a driver is intoxicated when they conduct field sobriety tests such as the walk and turn. What hints are these officers looking for when they ask someone to take the walk and turn test?

Elbert

Edison, NJ

The walk and turn test is a standardized field sobriety test (SFST) that is considered a divided attention test. In doing this test, the person suspected of DWI takes 9 heel-to-toe steps, turns in a prescribed manner, take 9 heel-to-toe steps back, while counting the steps out loud. The steps in this test are taken down a straight line but if an actual line is not present, the person is instructed to walk down an imaginary line. The walking phase divides the individual’s attention between keeping his/her balance, taking the proper number of steps, counting out loud and turning in the prescribed manner while keeping the arms at his/her side.

Police officers in Edison, New Jersey are looking for eight specific hints that a driver is intoxicated when they administer the walk and turn test. These hints include the driver could not balance during instructions, starts too soon, stops while walking, doesn’t touch heel-to-toe, steps off line, uses arms for balance, loses balance on turn or turns incorrectly and takes the wrong number of steps. According to original research, the driver is intoxicated if two or more hints are present and this test has shown to be accurate 68% of the time.

I haven’t been arrested for DWI so I don’t know what happens in a DWI arrest. Could you please describe to me how the law works in Union, New Jersey and tell me what happens in a DWI arrest?

Damarion

Union, NJ

In a DWI arrest in Union, New Jersey, the police officer would determine that there is a reasonable suspicion for an initial traffic stop of a driver. After a contact with the person is initiated, the officer develops probable cause to arrest the person for DWI. More specifically, a set of field sobriety tests could be administered if the officer has reason to believe that the person is impaired. The driver will be arrested for DWI if he/she performs poorly and will then be transported to the police station.

At the police station, the driver will be asked to submit to a chemical test to determine his/her blood alcohol concentration (BAC). Chemical tests are usually being conducted through blood, breath or urine test. A person is often asked to take a breath test but the police officer could request a blood specimen. If the person refuses to provide a specimen, or provides a specimen with a BAC level above the legal limit of .08%, the officer will serve the driver with a Notice of Suspension and confiscates the driver’s license.

Are the results of the field sobriety tests really an indication whether a person is drunk or not? If I will be arrested for DUI in New Jersey, do I have the right to refuse to take these tests?

Milton

Elizabeth, NJ

Yes, you certainly have the right to refuse to take the field sobriety tests (FST’s) if you will be arrested for DUI in Elizabeth, New Jersey even if the police officer does not ask your consent. You do not actually have the legal obligation to submit to these kinds of tests so learn how to say no. A very good way to refuse to take the FST’s or basically anything that the police officer asks you to do is to say, “I would like to speak to a lawyer first.”

Field Sobriety Tests are not very accurate at all because they are largely subjective. In other words, different officers could judge the same person’s performance differently. In addition, FST’s don’t have scientific basis to determine that a person is drunk or not. But the reality is that if the police officer has asked you to perform the FST’s, he/she has probably already decided to arrest you. This may mean that the police officer could use the FST’s as a way of proving that you are drunk, not determining whether you are drunk or not.

I have never been arrested for DUI but I know some people who have already been charged for DUI here in New Jersey. I’m just curious about these field sobriety tests that the police officers are asking the people suspected of DUI to do. Could you give some examples of these tests?

Valerie

Camden, NJ

If a police officer in Camden, New Jersey has a reason to suspect there is a problem, he/she may pull you over to investigate and make sure you are not driving under the influence. If this happens, the officer will execute several tests like field sobriety tests (FST) to ensure your safety and the safety of other drivers.

The Horizontal Eye Test is an example of FST. During this test, the officer will ask you to follow his/her finger using only your eyes and not moving your entire head. Another example is the Walk and Turn test. You must demonstrate the ability to walk at least nine heel-to-toe steps before turning around and returning to the officer and there needs to be a flat surface for the officer to request this test. One other FST commonly used is the One-Leg Stand. In this test, it also requires a level surface. You would be asked to stand on one leg for a short period of time with both hands at your side, and then you would have to switch legs.