But the recent ruling by the U.S. Supreme Court last month has opened up new possibilities for individuals arrested and incarcerated following a drunken driving arrest. While some may laugh, could it be such a stretch to imagine an average citizen, perhaps coming home from an evening get-together at the local bar with colleagues and friends, ending up arrested for drunk driving and ultimately being strip-searched prior to spending a night in the local jail? All we can say is, The truth can certainly be stranger than fiction.

Of course, we wouldn't even be talking about this potentially embarrassing scenario if it wasn't for the fact that the U.S. Supreme Court ruled that anyone in police custody can be strip-searched without, apparently, violating their constitutional rights. As New Jersey DUI defense lawyers, we have said for years that the stiff monetary penalties defendants face in the wake of a DWI conviction are just one aspect of the entire drunken driving arrest scenario. Now drivers have even more to worry about if they have had a little too much to drink.

Having served a municipal prosecutor for many years, I have had first-hand experience with the different kinds of individuals who make their way through our justice system. I also understand that police and other law enforcement personnel place their lives on the line every day handling some of the more dangerous criminals to keep our society safe. What is difficult to reconcile is the lumping in of average citizens whose worst crime may be a traffic offense with those who may have been accused of rape, murder and armed robbery, among other serious offenses.

What led to this latest Supreme Court decision was lawsuit following the 2005 arrest of a Garden State driver who was arrested by police after the car in which he was riding was stopped for speeding -- the driver was his wife. According to reports, the man, who was only a passenger in the vehicle, was held for six days by police, during which time he was strip-searched twice. The reason for his incarceration, according to police art the time, was because of an outstanding warrant for an unpaid fine; later determined to be in error.

This man, Albert Florence, then sued the state based on his treatment, arguing that the strip searches were a violation of his Fourth Amendment rights unreasonable search and seizure. Unfortunately for Mr. Florence, and civil rights advocates nationwide, the Supreme Court voted 5-4 against.

It could be a sign of the times, but Justice Kennedy, writing for the majority stated that corrections officers a "legitimate interest, indeed a responsibility, to ensure that jails are not made less secure by reason of what new detainees may carry on their bodies." According to earlier news reports, an inmate at the jail Mr. Florence was being held at had previously smuggled a loaded gun into the facility. There is obviously a balance that needs to be kept, but in this case, it is possible that things just got a bit more uncomfortable for the "small-time" offender.

Our View: Supreme Court to America: Time to disrobe; PJStar.com, April 3, 2012

Having worked in the past as a municipal prosecutor for many years, it was my job to obtain convictions against those drivers who had been arrested for DWI, drug DUI and breath-test refusal. Using that experience, I and my legal team can better understand the strategies and legal approaches used by New Jersey state prosecutors against drivers who may or may not have been legally drunk at the time of their arrest.

Of course, the first step in any New Jersey DWI/DUI case is the initially arrest. As anyone who reads local news reports already knows, drunken driving is a common offense here in the Garden State. Whether one lives in Bergen, Ocean, Passaic or Monmouth County, there are dozens of traffic stops every week that result in drunken driving summons being issued against drivers.

According to this latest news item, an officer working out of the Bloomfield PD logged the most DWI-DUI traffic arrests in Essex County during 2011. Based on that report, Officer Luca Piscatelli was recently recognized in Trenton for his 21 separate drunken driving arrests last year. Officer Piscatelli's contribution amounted to more than 25 percent of that department's overall total of 79 DUI arrests in 2011. According to the article, the Bloomfield PD was itself among the top-performing police departments in the county.

As part of the officer's duties, which included accident and crime scene investigations, he also processed those 21 arrests he made last year. Named one of New Jersey's "Top Guns" in terms of DWI arrests, Piscatelli will also be recognized next month by the state chapter of Mothers Against Drunk Driving (MADD). That award presentation, which will take place at Middlesex County College in mid-June, will be for "outstanding and distinguished service to the community for saving lives by preventing crashes by arresting impaired drivers."

As experienced drunk driving defense attorneys and officers of the court, we have the highest respect for our men and women in uniform, especially those who place their lives on the line every day. It is heartening to know that these hard-working and dedicated individuals are honored for their contributions to the safety and security of our modern society.

"Top Gun" Award Goes to Bloomfield Officer for Most DUI Arrests, Patch.com, May 7, 2012

As New Jersey drunk driving defense lawyers,I and my staff of highly qualified criminal attorneys have decades of combined experience. I, myself, worked on the other side of the aisle as a municipal prosecutor for years, which gives me a unique perspective on how the State views drunk driving defendants and the strategies used to attain convictions against accused DWI violators.

One thing that is certain: when a traffic accident occurs and the police believe that the driver who caused the crash may have been drunk or otherwise impaired by alcohol or other substances -- such as prescription meds or illicit drugs like cocaine or -- the consequences for that act can rise accordingly.

Two Die in DWI-related Hudson County Crash
A 34-year-old man from Jersey City was charged with two counts of vehicular manslaughter following a chain-reaction car crash in mid-January. The accused motorist was also charged with driving under the influence, according to a news item published in The Star-Ledger.

According to reports, police responded to an accident during a Wednesday evening. Based on information provided to news outlets, Jersey City resident, Herman Chandler, was behind the wheel of a truck when it smashed into a taxi cab carrying 44-year-old James Fuller also of Jersey City.

The crash threw the cab up onto a nearby sidewalk, striking a pedestrian and causing the cab to burst into flames. Both Fuller and the person on the sidewalk died as a result of the crash. According to reports, the cabbie was injured but is expected to recover. Hudson County police charged Chandler with death by auto as well as DWI.

Toms River Man Charged with DWI following Rollover Crash in Jackson
A late Monday afternoon Ocean County traffic accident resulting in an overturned pickup truck resulted in a 52-year-old driver being arrested and charged with numerous traffic offenses including driving while intoxicated. According to news articles, the crash happened when a Mazda driven by Diana Graff, hit a Dodge Ram pickup along a stretch of West Veteran's Highway. The impact caused the truck to spin out of control and go off the roadway where it eventually overturned and ended up on its roof.

Based on police reports, none of the occupants were actually injured, however Graff was arrested by police and taken into custody. During the ensuing police investigation, the Toms River resident was determined to be intoxicated and was charged with DWI, as well as reckless driving and failure to yield to another vehicle. The woman was processed and subsequently released pending an appearance in court.

Toms River Man Arrested in Jackson for DWI in Overturned Vehicle Crash, TomsRiverNJOnline.com, January 24, 2012

2 Killed in NJ; Man Charged With DWI, Death by Auto, NBCNewYork.com, January 19, 2012

As New Jersey DWI-DUI defense attorneysI and my staff of experienced drunk driving lawyers understand the ease with which a passenger car driver or captain of a small watercraft can find himself on the receiving end of a DUI summons. Strangely, there likely a small percentage of part-time boaters who still believe that getting arrested for BUI is less likely than DWI on public roadways. Were that this was true.

Amazing to some, yet all to obvious to I and my staff, is that the same standards for intoxicated driving on public roads in the Garden State also apply to those who pilot boats and watercraft in New Jersey's lakes, rivers and waterways. While many people do not realize this fact, the courts do not make any allowance for ignorance of the law, especially in this area of drunken driving/boating.

In fact, here in New Jersey, the legal statutes that cover BUI (boating under the influence) are nearly identical to the laws that govern drivers who may or may not be drunk while operating a passenger car on a public road. Not surprisingly, but also not very comforting, is the fact that the legal penalties for a BUI conviction are virtually the same as their DWI/DUI counterparts.

Some may feel that operating a watercraft while impaired by wine or beer is possibly less dangerous that driving a car, truck or SUV on a highway while under the influence of alcohol or drugs. While some aspects of BUI may seem less dangerous, our state's legislature has deemed the dangers to be almost identical, at least based on the conditions of drunken boating and the penalties for same.

To make things all the more serious, New Jersey's implied consent law -- which obligates a driver to submit to a breathalyzer when requested by a police officer -- also places the same obligation on captains or operators of watercraft here in the Garden State. Fortunately, for those accused of boating under the influence, defenses similar to those used to defend drivers of cars and trucks can also work well for defendants accused of BUI.

Any boater navigating our state's waterways must always aware of the potential consequences that drinking and boating may have one himself. If alcohol is being consumed on a boat, it is certainly a good idea for the pilot of that craft to be sober at all times, if not to avoid the potentially costly penalties of drinking and driving at the wheel of a boat, but also for the safety of all concerned.

If you or someone you know has been arrested, charged or accused of boating DWI, drug DUI or breath-test refusal, take a moment to speak with a qualified drunken driving defense attorney before you walk through those courtroom doors. Many defense attorneys provide free initial consultations, which could be well advised considering the potential downside of any DWI conviction.

The aforementioned thoughts may seem a bit tongue-in-check, but the sentiment is valid. As DWI defense lawyers serving New Jersey motorists, I and my legal staff are all to aware of the alarming frequency of drunk driving and drug DUI arrests that take place every week all across the state. While one may not have a legal action plan fully in place, it's wise to know, at least, that you should seek the legal guidance of a qualified DWI-DUI attorney in the event of a traffic stop that precipitates charges of driving while intoxicated.

Whether one's case involves being impaired through the consumption of wine, beer or hard liquor; or if the taking of doctor-prescribed prescription medication resulted in a motorist being charged with impairment due to narcotic substances, it's a good idea to speak with an experienced legal defense attorney to better understand one's options prior to stepping foot inside a courtroom.

First and foremost, any motorist accused of operating a motor vehicle while impaired by drugs or alcohol is, by law, presumed innocent of those charges until proven otherwise. A skilled attorneys can take a look a the State's evidence against his or her client and make a determination as to how strong or weak is the prosecution's case against that individual.

Second, and many times most important, is the chance that the arresting officer(s) may have violated the accused driver's constitutional rights through any number of errors, including:
-- An unlawful traffic stop
-- Incorrect or procedurally faulty sobriety testing
-- Improper arrest procedures
-- Inappropriate legal charges

Even in the worst of cases, where the State's evidence results in a guilty verdict, having a New Jersey DWI defense attorney on one's side can sometimes be the difference between receiving time in jail and possibly "only" having one's license revoked for a period of time. As attorneys defending drivers charged with DWI, DUI and breath test refusal, I and my colleagues understand the affects that a DWI conviction can have on a person's family situation, employment prospects, and social standing -- all good reasons to consult with a lawyer ahead of time.

When one looks for a DWI defense lawyer, ask the prospective attorney about his or her ratio of winning cases to losing -- this snapshot of that attorney's success rate will help one choose a good lawyer over one who may not focus a preponderance of his time on drunken driving cases. The same can be said for arrests pertaining to illicit drug DUI involving cocaine, meth or marijuana use, for example.

In the final analysis, making a good choice in legal representation can be much better than going it alone in front of a judge, with little or no understanding of the law or its implications in your specific case. If you want to avoid a DWI arrest altogether, it's important not to drink and drive. But with human nature being what it is, the next best thing is choosing proper and experienced legal representation from the get-go.

Naturally, nobody actually wants to be arrested for DWI or drug DUI, but the fact remains that it does happen and one should be ready for that day, if it comes, by understanding the science surrounding a drunken driving arrest.

Following a traffic stop, if the driver seems even slightly impaired, a patrolman may decide that the motorist has a high likelihood of being drunk behind the wheel. After confirming his or her suspicions, usually through as well as with a battery of standardized field sobriety tests, the officer may take the suspect into custody. Once at police headquarters, the driver will likely be asked to submit to a breathalyzer test.

It's important to realize that many factors are at play when determining if a specific individual is legally drunk. Some of the more critical human factors that affect a BAC reading include body weight, time since one's last drink, quantity and type of food recently consumed along with the alcohol, as well as others.

Right off the bat, it's important to state that no matter how "good" one may feel after consuming alcohol, a person should never attempt to operate a car, truck or other motor vehicle simply on the basis that they "feel" sober. Drunken driving laws what they are, even trace amounts of alcohol in one's bloodstream can complicate the legal fallout of what might have been just a simple or routine traffic stop.

So let's take a look at some of those factors that affect BAC readings following a DWI arrest:

Body Weight/Mass
It has been well established that alcohol has what scientists call an "affinity" for water. Anyone who has even used fuel line anti-freeze knows that the alcohol in that product helps to absorb water in a gas tank, so that it can be safely carried through the fuel system, into the engine and out the tailpipe. This same effect takes place in the human body when a person drinks an alcoholic beverage.

Body fat is composed of a fair amount of water. Given similar amounts of alcohol consumed, a thinner, leaner individual will tend to have a lower BAC reading than heavy person since the alcohol has less opportunity to be stored in a thin person's body. Alternately, comparing a small-framed individual to one who is larger (given the same quantity of alcohol consumed), the larger person will typically have a lower BAC reading, simply because their body mass is higher and the alcohol will be more widely "distributed."

When one considers these albeit seemingly contradictory factors, a taller yet more muscular person has the best chance for a lower BAC reading than a smaller, lighter individual who has a larger percentage of fat on his or her frame.

Male or Female?
Unfortunately, the fairer sex tends to lose out when it comes to BAC readings, all other factors being equal. Medically speaking, the average female has more natural fat in their bodies than a typical male; therefore, comparing a woman and a man of similar height, weight and fitness, if they both consume equal amounts of alcohol, the woman will likely show a higher BAC reading than her male counterpart. However, the good news for ladies is that their bodies tend to eliminate alcohol at a faster rate than men, which give them a slight advantage.

When and How Much Did You Eat?
One of the factors that can essentially delay the absorption of alcohol into one's system is the existence of food in the body. Because having food in one's stomach can not only delay alcohol absorption, but also delay the time it takes for a BAC reading to "peak," it can be advantageous to have eaten a large dinner or lunch prior to having one's BAC measured. Snacking while drinking has also been known to contribute to a delayed BAC peak.

Of course, there are numerous other factors -- such as alcohol tolerance and the type of drinks one has consumed prior to a traffic stop -- that will ultimately influence a BAC reading at police headquarters. The easiest step in avoiding a DWI arrest would naturally be not to drink at all. But human nature being what it is, that course of action is rarely followed.