New Jersey DWI Lawyer Blog

While the warm weather months are definitely behind us, New Jersey State Police and local law enforcement agencies note that parties and friendly get-togethers during the holidays also bring out the drinker in many drivers. As nearly anyone who drives in the Garden State understands, drunken driving enforcement never really lets up, especially during the peak holiday season.

As DWI defense lawyers serving residents of Bergen, Middlesex, Atlantic and other counties across the state, we are well versed in the tactics and strategies used by state and municipal police officers to secure the arrest of suspected drunk drivers. In fact, anyone who knowingly operates a motor vehicle while under the influence of alcohol or, for that matter, prescription medication, should realize that the odds of being arrested for DWI or drug DUI can be quite high.

If a police officer witnesses a traffic violation, he or she will usually make a routine traffic stop based on that initial offense, minor as it may seem to the average driver. Once stopped, a motorist will be closely observed for signs of impairment, usually due to consumption of beer, wine or hard liquor. If the patrolman has a reasonable suspicion that the driver of a car, truck or motorcycle is inebriated an arrest is more or less forthcoming.

Continue reading "Monmouth County DWI Update: Thanksgiving Holiday Sees Rise in Drunken Driving Arrests for New Jersey Motorists" »

For many New Jersey residents, rather than enjoy this past Labor Day weekend they likely spent most of their time cleaning up from the effects of tropical storm Irene. Still, in areas less affected, surely some Garden State drivers saw some increased drunken driving enforcement activities by state and local police. As part of the national "Over the Limit, Under Arrest" campaign, it's a fair bet that dozens of motorists had encounters with law enforcement officers during what has become an annual anti-DWI effort.

Of course, it's hardly a good idea to operate a motor vehicle while under the influence of beer, wine or hard liquor, as well as illicit drugs such as marijuana and cocaine. But during the last two weeks, drivers who did take their chances by drinking and driving may have met with a DWI or drug DUI arrest or summons to appear in court.

This effort took place in nearly every county across New Jersey, including Bergen, Hudson, Union, Monmouth and Ocean, just to name a few. As a drunken driving defense lawyer and former municipal prosecutor myself, I understand how some individuals can be pickup up for driving while intoxicated, though perhaps be unaware that they were legally impaired at the time of their arrest.

Whether stopped by a rolling DWI patrol for an apparent minor traffic offense, or being waved into a sobriety checkpoint (also known as a DWI roadblock) for observation by a police officer looking for drunken drivers, the resulting charges of drunken driving or impairment due to prescription medication or an illegal drug (also known as a controlled dangerous substance or CDS) can be costly in terms of fines and penalties, as well as the impact on an individual's personal and business relationships or standing in the community.

Continue reading "New Jersey DWI Update: Garden State Counties Join in NJ Law Enforcement Drunk Driving Crackdown" »

It goes without saying that the annual anti-drunk driving campaigns, here in the Garden State as well as nationwide, are funded in part by the government in hopes that some alcohol-related traffic deaths and injuries might be avoided. Of course, there is always a question of how effective these efforts are and whether they result in catching those truly responsible for driving under the influence of alcohol, prescription medications, or illicit drugs.

As New Jersey DWI defense attorneys, I and my staff of qualified drunken driving lawyers meet numerous individuals every month, many of whom have been accused of driving while intoxicated. A percentage of these drivers have likely been charged by police with DWI on shaky grounds, while others may legitimately believe that they were actually sober at the time of their arrest.

A fair number of DWI and drug DUI arrests occur during the annual "Over the Limit, Under Arrest" drunk driving enforcement effort. In order to get a sufficient number of drunk driving patrols on the street and to have enough officers to man the various sobriety checkpoints that tend to pop up all over the state during these campaigns, local police agencies receive funding in order to offset the added costs of manpower and equipment.

Whether you live in Hudson, Sussex, Monmouth or Passaic County, as a motorist you have no doubt seen or been aware of the increased police presence on highways and surface streets throughout the state during these enhanced enforcement efforts. According to news reports, towns like Glen Ridge, NJ, participated in the recent "Click It or Ticket" seatbelt enforcement campaign.

Continue reading "Essex County DWI News: Glen Ridge Drunk Driving Enforcement Nets Half 2010's DWI-DUI Arrests" »

It would appear that Belleville Twp. has one of the lowest instances of drunk driving in all of the Garden State, at least during a recent traffic enforcement effort designed, among other things, to catch impaired drivers and have them arrested for and charged with DWI. Police officers from the geographically diminutive township recently participated in the "Click it, or Ticket" seatbelt enforcement campaign as one of 149 municipalities across the state to receive $4,000 to cover additional patrolmen during the two-week period from May 23 through June 5.

As part of this effort, Belleville police officers reportedly made no arrests of any drivers who may have been operating their vehicle while under the influence of beer, wine, hard liquor or controlled dangerous substances (CDS), such as cocaine and marijuana. Belleville patrolmen issued no drunken driving summonses during the effort. While this is in part amazing, considering the time of year, Belleville police did issue citations for a variety of other traffic offenses and civil infractions.

As a New Jersey DWI defense lawyer and former municipal prosecutor, I understand the techniques and strategies used by police officers and prosecuting attorneys to both arrest motorists who allegedly drive under the influence of alcohol or prescription medications (drug DUI), and also convict those individuals of intoxicated driving.

Continue reading "New Jersey Drunken Driving News: Belleville, NJ, Reports Zero DWI Arrests During "Click It" Campaign" »

In the wake of controversy revolving around State Police Trooper Sheila McKaig's alleged drinking and driving incidents over the years, the New Jersey State Police have implemented new standards aimed at curbing potential abuses of power that some have said police officers occasionally commit when they are stopped for offenses such as DWI.

In McKaig's case, numerous news reports indicate that she was never ticketed even though the officer was stopped multiple times for driving while intoxicated over the course of three months back in 2008. In this particular situation, the judge in the case did not recommend firing the trooper outright on the grounds that that McKaig did seek counseling and has been considered a model for other police officers.

Back to the NJ State Police and its newly instituted policies for officers caught driving under the influence, according to reports, the agency has reportedly launched a review of the use by troopers of so-called "undercover identification cards." Along with this, orders from up the chain of command within the State Police reportedly increase the accountability on the part of higher-ranked officers and requires more careful review of traffic stops (including car accidents) that may have been related to alcohol consumption.

As a New Jersey drunken driving defense lawyer, I and my staff, understand that the police have a tough job of maintaining the peace and bringing alleged perpetrators to justice. However, when the rules cease to apply to the vary people entrusted with the public's safety this is when our tolerance as individuals and a society begins to be tested.

According to news reports, policy changes at the State Police will place responsibility squarely on the shoulders of regional commanders when a trooper is suspected of operating a motor vehicle under the influence of alcohol. In fact, based on information provided by local news sources, higher-ranking officers may even be required to respond themselves to the scene of a possibly alcohol-related traffic incident involving another law enforcement officer.

Continue reading "New Jersey Drunk Driving News: State Police Institute Tighter Standards Regarding Troopers Arrested for DWI" »

Whether you live or work in Ocean, Sussex, Bergen or Union County, it's likely that nobody expects to be pulled over by police and arrested on charges of driving under the influence of alcohol. Here in Monmouth County, as in the rest of the Garden State, I and my staff of experienced DWI defense attorneys fully understand the anxiety and trepidation that follows a drunken driving or drug DUI police stop.

For first-time drunk driving arrestees, and even those picked up for driving under the influence of prescription medication or illicit drugs such as marijuana, the experience can be a shock. But more than that, not taking action and leaving one's fate in the hands of the court is something that no one should allow to happen, if they can help it.

Of course, second and third-time offenders have a different set of circumstances to deal with, but in general, we always recommend that motorists consult with a qualified DWI lawyer. The reason is simple: being cited for impaired driving -- whether allegedly due consumption of beer, wine or hard liquor; prescription pain medication or a controlled dangerous substance (CDS) -- is nothing to be taken lightly.

Careers, marriages, and reputations have been ruined by drunken driving and DUI convictions. Of course, being arrested for driving while intoxicated can happen night or day. It usually, but not always, happens with a seemingly routine police stop for a supposedly minor traffic infraction -- something as insignificant as a faulty taillamp. Other times it can come at the location of a drunk driving roadblock (also known as a sobriety checkpoint).

Regardless of the circumstances, once charged with a DWI one should as a matter of course contact a DWI-DUI defense attorney. My office has handled enough DWI cases and spoken with so many people charged with DWI or DUI that we know it's not a wise idea to represent yourself in front of the court. Not only can the process of fighting a DWI arrest be confusing to the first-time defendant, there is no way that a layperson can come fully prepared to face the court - at least, not like one can with a qualified DWI defense lawyer at one's side.

Continue reading "Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey" »

Regardless of where you live in the Garden State, local police officers and state troopers are constantly stopping motorists for traffic violations and many times arresting those individuals for drunken driving. As Monmouth, Union and Bergen County drunk driving defense attorneys, my staff represents New Jersey residents accused of driving under the influence, prescription drug DUI, breath test refusal, marijuana possession in a motor vehicle and impaired driving involving illegal drugs.

The types of drunken driving cases that are heard in our traffic courts are as varied as this state's population, which includes upper and middle class people, as well as legal and illegal immigrants. No matter what the charge, every defendant is considered innocent until proven guilty in a court of law. One such arrest, typical of DWI and DUI arrests that occur every week across the state, took place early on a Sunday morning.

Arriving on the scene of a car crash in the 400 block of Franklin Avenue, patrolmen suspected one of the drivers of being intoxicated by alcohol. The accident happened just after 4am, according to police reports. Officers at the scene reportedly detected the odor of alcohol on the breath of 28-year-old Rene Cardona of Belleville Township, NJ, who was allegedly involved in the wreck.

Officers in charge requested Cardona to perform a number of field sobriety tests, which he apparently did not pass. These kinds of tests are used by police to determine if a driver is impaired. Having failed the sobriety tests, the man was arrested and charged with DWI. He was subsequently released on his own recognizance after also being issued a ticket for failure to exhibit a driver's license.

Teen leads police on chase, NorthJersey.com, November 22, 2010

As Bergen, Ocean and Monmouth County attorneys who represent motorists accused of driving under the influence (DUI) of alcohol or prescription drugs, we can heartily say that there are potentially harsh consequences for individuals convicted of multiple times for drunken driving or operating a motor vehicle while under the influence of prescription medicine or even illegal substances, such as marijuana and cocaine.

There is a strong argument for mounting a compelling defense for first-time DWI and DUI charges, if only because subsequent arrests and convictions present an even more costly and potentially life-altering consequences. Even so, second- and third-time offenders may still ask themselves the question, "Why do I need a drunk driving lawyer?"

When it comes to multiple convictions for driving while intoxicated, the impact on one's lifestyle and relationships may be greatly affected. It's no secret that second, third and subsequent DWI convictions can result in far more serious consequences than that of one's first-time offense.

For one, timing may actually be an asset to the repeat offender. If an individual's first DWI charge had yet to be resolved when he or she was stopped a second time by police, a judge may be willing to allow possible multiple sentences (including periods of license suspension) to run concurrently, rather than consecutively.

If the court is considering an out-of-state DWI charge as the basis for a driver's second offense in New Jersey, it is important to understand that A DWI, DUI, OUI or OWI from another state may not automatically raise a driver's current New Jersey drunk driving offense to the level of a multiple DWIs. It has been know that an attorney may argue that any discrepancies between New Jersey law and the other state, which may mean that a person could still be sentenced as a first-time offender in New Jersey and receive the corresponding first-time DWI penalties for that initial New Jersey arrest.

One thing to keep in mind is whether or not prior conviction was for an actual DWI or if it was for refusal to submit to a breathalyzer test. Under New Jersey law, if a driver has been charged with refusal and then subsequently receive charges for a DWI, the court must classify that individual as a first-time offender, with corresponding first offender penalties.

However, if a motorist has had a previous drunken driving conviction and she is then subsequently charged with refusal to submit to breath test, then that person can be categorized under the law as a second-time offender. This can significantly affect the penalties that the court may levy against that defendant, which can then greatly affect driver's license suspension and other penalties and fines.

These are just a few of the potentially serious effects of a second, third or subsequent DWI arrest and or conviction awaiting drivers unlucky enough to be caught operating a motor vehicle under the influence of alcohol multiple times in New Jersey.

In-state and out-of-state drunken drivers take note, the State of New Jersey will have an increased police presence on public roads throughout the Garden State as the holidays approach. According to news articles, local and state law enforcement departments in Bergen, Passaic and Ocean County, as well as the rest of the state, will be on the lookout for drivers operating their vehicles while intoxicated.

As New Jersey drunk driving defense attorneys, I and my legal staff represent individuals accused of DWI, prescription drug DUI and breath test refusal on a daily basis. We even council drivers charged with cocaine, marijuana and other controlled dangerous substance (CDS) possession. This latest enforcement program, aptly named "Over the Limit, Under Arrest," will bring additional officers to bear on the motoring public during the upcoming holidays.

Aiming to reduce the amount of drunk drivers on the road, the campaign calls for saturation patrols and sobriety checkpoints (also known as DWI roadblocks) from December 13 through January 2, 2011, according to officials at New Jersey's Division of Highway Traffic Safety. The program reportedly will provide federal grant money of up to $5,000 to each of 115 police departments.

The goal is simple. According to news article, it is hoped that the campaign will ensure that drivers and passengers alike have a safe holiday by catching and arresting intoxicated motorists. These so-called concentrated efforts are designed to heighten awareness about the dangers of DWIs and DUIs, the consequences of which can have huge penalties for those convicted of driving under the influence of alcohol, prescription medication or illegal drugs.

Police departments all around New Jersey are the first to say that the frequency of drunk driving increases as the Christmas and New Year holidays approach, which usually coincides with the increased incidence of DWI-related traffic accidents. As a result of the enhanced patrols, New Jersey motorists can expect to see more drunken driving arrests now until the New Year.

New Jersey plans holiday crackdown on drunken driving, www.Philly.com, December 11, 2010

Like many New Jersey counties, Essex is the recipient of federal funds to cover the cost of traffic enforcement, including increased drunken driving patrols, sobriety checkpoints and other DWI-related policing efforts. As a New Jersey drunk driving defense attorney, I know that not every DWI or prescription drug DUI arrest results in a conviction.

As Essex County DWI lawyers, I and my colleagues understand the law and have years of experience in areas such as field sobriety testing, Alcotest and blood-alcohol testing equipment, as well as municipal and state court procedures. As a former municipal prosecutor myself, I know the kinds of techniques and strategies employed by the state to gain a conviction for driving under the influence of alcohol and prescription medications.

Police can arrest a motorist for being legally drunk on beer and wine, but arrests and summonses are also processed for drivers who are suspected of being impaired due to marijuana, cocaine and other controlled dangerous substances (CDS).

From time to time, enforcement is stepped up across New Jersey due to national campaigns and other federally funded initiatives, such as "Over the Limit, Under Arrest." According to an editorial, every year for the past decade New Jersey's "Over the Limit, Under Arrest" campaign has assisted state and local police officers catch and arrest drivers suspected of operating their vehicles while intoxicated.

In Essex County, a number of towns were provided grant monies in an effort to support their sobriety checkpoints, also known as DWI roadblocks. These towns include Bloomfield, Caldwell and Essex Fells. According to the article, each municipality was given $4,400 in support of drunk driving prevention efforts.

Editorial: Over the limit, under arrest, NorthJersey.com, September 2, 2010

With the coming holiday weekend police agencies around the Garden State will be on a heightened alert for partiers and other people driving while intoxicated between picnics and family gatherings. Regardless of the bad economy, drunken driving arrests and summonses are certain to increase in the next couple weeks.

As a New Jersey DWI defense attorney and drunk driver lawyer, my job is to help motorists who have been arrested by state police, municipal patrolmen and other law enforcement personnel for DWI and drug DUI traffic offenses. Many of these arrests occur at so-called sobriety checkpoints, which are frequently set up throughout the New Jersey area.

As part of the upcoming drunk driving enforcement campaign, known as "Over the Limit, Under Arrest," police units have taken to the streets in an effort to cut the instances of driving while under the influence of alcohol or prescription drugs.

According to news reports, law enforcement agencies are already conducting patrols and operating DWI roadblocks until September 6. Police officers in will be cracking down on drunk drivers as part of this summer's campaign. The state and local effort is designed to raise awareness about the dangers of drinking and driving through high-visibility police patrols and public education.

The New Jersey Division of Highway Traffic Safety typically provides grants to local law enforcement agencies throughout the state to run these programs. As one report mentioned, the state's traffic safety division said that last year New Jersey saw 185 fatal DWI-related car crashes -- according to reports, that number represents nearly a third of the almost 600 fatal accidents statewide in 2009. Authorities reported that nearly 70 of those alcohol-related deaths happened during the summer.

Over the Limit, Under Arrest, NorthJersey.com, August 26, 2010

Defending motorists accused of drunken driving can involve multiple factors, such as how the arrest was conducted, whether or not an Alcotest or other breathalyzer blood-alcohol content (BAC) test was performed, what kind of field sobriety test(s) were administered, and in which municipality the alleged DWI took place. As New Jersey drunk driving defense lawyers, my staff and fellow attorneys understand the ins and outs of DWI prosecution here in the Garden State. The following are some examples of the types of cases that are heard daily in our municipal courtrooms across the state.

Little Falls Car Crash and DWI, Marijuana Possession Arrest
Little Falls police officers were called to respond to a traffic accident on Main Street near Brookside Ave. According to news reports, a motor vehicle driven by a 19-year-old Fairfield, NJ, resident apparently ran into a utility pole. During the investigation, officers noticed that the driver had outward signs of being drunk and under the influence of alcohol. The driver was arrested for operating a vehicle while intoxicated as well as possession of marijuana and drug paraphernalia in a vehicle.

Montclair Police Charge Motorists with Drunk Driving
A 27-year-old North Plainfield man and a 20-year-old Newark resident were arrested in separate DWI stops during the early morning hours. The North Plainfield driver had stopped his vehicle in the intersection of Forest Street and Claremont Avenue for no apparent reason, while the Newark man hit a curb, drove onto a local resident's front lawn and destroyed some shrubs as well as hitting a PSE&G utility box. The Newark suspect apparently left the scene, but was found and charged with DWI.

A few days later police stopped a motorist driving a Cadillac in an erratic manner along Elm Street. The driver reportedly almost hit a curb as well as another vehicle parked on the street. Officers found an open bottle of beer in the car. The driver was given several field sobriety tests, which he reportedly failed. The man was issued summonses for drunk driving, careless driving and possession of an open alcoholic beverage container in a motor vehicle.

Teen Charged with DWI and Leaving an Accident Scene
Responding to a report of a driver needing assistance, police officers came upon a single-vehicle crash. According to news reports, police arriving in the area of Watchung Rd. and Wildwood Dr. in the early morning hours found the front lawn of a local residence. The responding officers found damage to the front lawn including a trail of automotive fluids leading about 60 ft. to an apparently abandoned car with a damaged front end. Tracing the vehicle back to the owner, police charged an 18-year-old for allegedly driving while intoxicated, plus careless driving and leaving the scene of an accident.

Little Falls: Police Blotter, NorthJersey.com, April 8, 2010

Montclair Police Blotter: DWI, Vandalism, Thefts, Baristanet.com, April 13, 2010

Police charge town teen with DWI, NorthJersey.com, May 13, 2010

Once again, the validity of breath-test measurements coming out of New Jersey's Alcotest devices is being questioned, this time by Seton Hall University's school of law. Titled "The Untestable Drunk Driving Test," the report shines a spotlight on the reputed accuracy and reliability one of the most damning pieces of evidence used by the state in DWI cases against motorists accused of driving under the influence of alcohol.

Working with other DWI defense lawyers at my firm, we have a great deal of experience in this area. In fact, as a former municipal prosecutor I myself relied on the results for the blood-alcohol content (BAC) testing that law enforcement officers perform everyday on accused drunken driving offenders.

According to this latest report out of Seton Hall in South Orange, NJ, Alcotest maker Draeger AG & Company lobbied to have the machine's source code classified as a trade secret. Because of this, there has apparently been no easy way to confirm the accuracy of the device. What this means, essentially, is that the state of New Jersey purchased a "black box" device that state police and other law enforcement agencies use regularly to arrest and charge drivers with drunk driving.

Because no independent group is allowed to buy and test the Alcotest device -- apparently a Seton Hall University professor attempted to buy one from Drager, but was denied -- scientific comparisons are next to impossible. Based on recent news reports, 20 people convicted of DWI have sued the state over the results of the Alcotest device. As a result, Drager agreed to allow outside companies to review the source code, but not the machine itself.

Reportedly, Draeger contracted Colorado-based SysTest Labs to review the device's source code, while the plaintiffs used a New York-based company to analyze the code. The Seton Hall report claims that both companies determined the code was flawed, however, these third parties each reached different conclusions regarding the reliability of the machine.

SysTest said that despite the flaws the Alcotest machine would "reliably produce consistent test results." This in itself is not a glowing endorsement, but the plaintiffs' research firm, Base One, went one further by saying it found 24 "major defects," nine of which would have a significant impact on the device's testing results.

Continue reading "Seton Hall Report Questions Accuracy of New Jersey Alcotest Breath-testing Machine Regarding DWI Cases" »

A recently passed law requires drivers under the age of 21 to place a red sticker on their vehicle's license plates. While the intent of the law appears to be a good-hearted attempt at traffic safety, as a New Jersey DWI defense attorney I tend to side with those claiming the $4 sticker will only invite unwarranted scrutiny and potential discrimination against a segment of the driving public.

When it comes to drunk driving enforcement, New Jersey State Police and municipal police officers are always on the lookout for motorists who may be operating their vehicles while impaired due to alcohol, prescription drugs or controlled dangerous substances (CDS). Young drivers who exhibit traffic behavior suggesting inebriation could quite possibly by singled out due to that red mark on their license plate.

According to an editorial, the new law that took effect on May 1 will must likely lead to discrimination against young drivers which probably wouldn't happen without a red dot. According to the author, New Jersey is one of the top ten safest states for teenage drivers. Referring to the 2001 law that established a curfew for teenagers and significantly decreased the teen driver accident rates, the editorial asks if there is any good reason to put another law into effect.

The law calls for $100 fine for any young driver who does not have the sticker on their plates. A percentage of students across the Garden State may feel that police will be prejudiced when deciding whom to pull over. While teenage driver accident rates due to distracted driving, alcohol use, speeding and other causes may be reduced somewhat, the law is likely to cause a lot of controversy.

Part of the uproar comes from those who point out that 18-year-olds are considered legal adults, so the law tends to separate these individuals from 21 and older adults. By 18, many students are heading off to college, living in dorms or apartments and are essentially functioning on their own. The author asks why this law should affect this small group of legal adults whose just happen to be younger than 21. This would result in subjecting adults to being treated as if they were still teenagers, when all of the while society continues to tell them to just grow up.

There are other concerns, such as making under-21 drivers more distinguishable to pedophiles, sex offenders and rapists who may tend to seek out younger people -- the red-dot sticker would only make it that much easier for criminals to prey on these individuals. The argument is whether or not traffic accident rates go down, will we see an increase in crimes against these younger people, such as rape and sexual assault.

Ultimately, the question is whether or not the effects of the law itself will be worse than the claimed improvements in traffic safety. With the law in effect, only time will tell if New Jersey's lawmakers have made the right decision.

A red dot on cars, HSJ.org, May 4, 2010

Being drunk on the road is always a risky scenario. But as a New Jersey drunk driving defense lawyer and former municipal prosecuting attorney, I know that many Motorists get caught up in DWI arrests unexpectedly. Understanding that being arrested for driving under the influence of alcohol is just the start of a long process is fine, but knowing that being convicted of driving while intoxicated is something you should avoid if at all possible.

The following may help some motorists in the Garden State avoid the pitfalls and legal troubles of being arrested, charged and convicted of drunken driving. Of course, the entire process starts with being pulled over for impaired driving in the first place. Whether you are eventually charged with DWI, drug DUI, breath test refusal, or other drunk driving violation, a traffic stop comes first.

Some people wonder is under what circumstances a patrolman can pull them over for driving drunk. While the officer in charge may not initially be aware of your alcohol consumption or prescription drug use, he can stop you for any number of reasons associate with violations of traffic law.

For instance, the policeman may actually see you running through a traffic light or even make a lane change without signaling. It's well known that certain vehicle maneuvers are signatures of a driver operating under the influence of beer, wine, hard liquor or prescription drugs. These suspicious driving patterns include drifting across the center line, weaving into and out of traffic lanes, driving well below the speed limit, or slowing and speeding up for no apparently legitimate reason.

Whenever a patrolman observes these and other so-called erratic driving behaviors, he may decide to make a completely legal traffic stop to observe you and your vehicle more closely.

Once a law enforcement officer has you stopped by the roadside, he or she will likely ask several questions. Whether you must answer these queries depends on the actual information be requested. You do not have to answer all questions put to you by an officer, but some you are legally required to answer, such as your name, age and whether you have a valid driver's license.

It is important to remember that police officers do not have to read you your Miranda rights until after an arrest has been made. Up until that point, the officer will probably attempt to illicit an incriminating statement from you, such as an admission that you were just coming back from a party or that you had been drinking. Gathering this type of information will help the municipal prosecutor to prove the DWI charges against you in a court of law and likely secure a conviction for drunken driving.