Every now and again we are asked by clients and acquaintances alike what it is like to be arrested for drunken driving and if there are any tricks to avoiding being arrested for DWI. Quite frankly, the biggest trick — tried and true — is simply not to drink any liquor or use any drugs prior to getting behind the wheel of a motor vehicle in New Jersey. State and local law enforcement officers here in the Garden State are well known for their tenacity when performing a traffic stop that appears to be the result of drinking and driving.
This is not to say that a patrolman can just pull any motorist over on the merest suspicion that the individual has been drinking. It is a major part of our drunk driving laws that a policeman may not stop a driver simply on the assumption that the driver has consumed alcohol recently. In order for a driver to be stopped in any circumstance, the officer must witness a traffic infraction on the suspect’s part. But this can be something so minor, so inconsequential, that even failure to signal a turn or “rolling” through a stop sign without coming to a complete stop can set the stage for a police stop and a possible DWI arrest.
As New Jersey DWI-DUI defense lawyers, we can easily say that if a driver has not been drinking, then a routine traffic stop could end with a little as a warning, or perhaps the patrolman issuing a ticket for the infraction(s). But, should a driver exhibit any of the so-called typical signs of intoxication or impairment, then it could turn out to be a long day at police headquarters for that unlucky driver. This is why, and despite sounding flip, we always advise people not to have a drink if they plan to drive anywhere. Besides the statistical danger of injury, it’s just not worth the chance of being arrested and charged with driving under the influence of alcohol.
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