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If one was looking for a worst-case scenario when it comes to a drunk driving arrest, look no further than the pages of local and state news outlets for traffic collisions involving accused drunken drivers. It’s one thing to be arrested for DWI or following a routine traffic stop for a minor driving infraction or defective vehicle equipment; but, it’s another situation altogether when a motorist is arrested for allegedly driving under the influence of alcohol or prescription drugs.

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.
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It’s something that we get asked numerous times every year: What is it like to be stopped for drunk driving and how can I be prepared for such an event? As New Jersey DWI defense lawyers the first thing were are apt to say would be don’t let yourself get into that type of situation to start with. Considering the potential monetary penalties for DWI, not to mention the associated social stigma of an arrest, much less a conviction, this is probably the most reasonable advice anyone could give.

But as for what happens during a DWI stop, it’s first important to remember that the police cannot pull a motorist over simply on the “hunch” that the driver is intoxicated or has had too much to drink. New Jersey law requires that a patrolman observe some kind of other traffic offense or violation (improper turn, speeding, or even a broken headlamp).

Many officers will describe the so-called tell-tail signs that indicate that a driver is drunk behind the wheel. These may include tailgating another vehicle or swerving in and out of a lane of travel. Others may say that driving too slowly, having the headlamps turned off in the darkness or driving constantly with their high beams on are good indicators of a drunken driver.
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As we usually see here in the Garden State, not all is sweetness and light on our city streets and highways. While many motorists go about their lives in relative anonymity, the occasional traffic stop is enough to bring one’s name into the local spotlight, if only in the police blotter section of the newspapers. For many, the seemingly inconsequential second or third drink during lunch or dinner can sometimes result in a police arrest and DWI-DUI charges being pressed against an otherwise law-abiding citizen.

As New Jersey DWI defense attorneysI and my legal staff know what can happen when a driver makes a minor mistake in clear view of a state of local police officer. If that individual has recently consumed even a small amount of alcohol, the potential of a DWI arrest is waiting just one wrong turn away in some cases.

Although it is not legal for a patrolman to stop a car simply on the suspicion that its driver is impaired by alcohol (such as beer, wine or hard liquor), doctor-prescribed medication (like pain killers and other opiates), or an illicit substance (such as marijuana, meth or cocaine), what must first occur is a vehicle infraction or driving-related offense.
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You see it quite often in the news: “Driver charged with DWI and breath-test refusal.” But what is “breath-test refusal” and what does being charged with refusal really mean? On the face of it, it seems that some motorists arrested for driving under the influence simply decide not to let the police measure the percent of alcohol concentration in their bloodstream. Simple, right? Well, not that simple.

It certainly appears that refusing a breath test robs the police of what can be some relatively strong evidence. And one could say that this is a strategy many people adopt on the spot when arrested for driving while intoxicated. The trouble is, when the time comes to fight the inevitable DWI charges, the defendant now has at least two charges against him or her: the original drunk driving charge AND the breath-test (or blood-test) refusal charge.

As New Jersey DWI defense lawyers, I and my colleagues are asked by acquaintances and clients alike, “Is there any consequence to refusing a breathalyzer or blood test?” The answer is not what everyone may be hoping for, especially since there are no “Get Out of Jail Free” cards in the real world.
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We may have had a false start earlier this year, but with warmer weather on the way again, one thing is certain: boating season cannot be far away, if not here already. With the warm weather comes the distinct possibility of BUI (boating under the influence) arrests. Whether one is a full-time boater, or more of a fair-weather pleasure-boating type, it’s a certainty that Coast Guard and local law enforcement agencies will be on the lookout for captains who may be operating their vessels while impaired due to alcohol, prescription drugs or an illegal substance (commonly referred to by police as a controlled dangerous substance — CDS).

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.
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No matter where one lives or works in the Garden State, it would be fair to say that nobody is quite prepared for a DWI arrest, whenever it comes. Just because New Jersey law enforcement officers are always watching for traffic violators, doesn’t necessarily mean that every driver in New Jersey has a legal preparedness folder in his or her glove compartment.

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.
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It’s no surprise that drivers in the Garden State face stiff and relatively inflexible drunk driving laws. And while saying that our state’s anti-DWI statutes are rigid, it’s a fair bet that the State Police and local law enforcement officers who uphold those laws are equally as unwavering in carrying out their duties when it comes to motorists who allegedly drive under the influence of beer, wine or hard liquor.

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.
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Being stopped by a police officer as a teenage driver can be a harrowing experience. And while inexperienced drivers can be expected to make a driving error from time to time, doing so while being drunk can mean big troubles now and in the future. Not only is underage DWI a chargeable offense in the Garden State, simply drinking or even possessing alcohol as a teenager or underage adult is grounds for an arrest.

As New Jersey DWI defense attorneys, we understand that an underage DWI, DUI or breath-test refusal is no way to begin one’s foray into adulthood. As we have said on numerous other occasions, being charged with driving under the influence of alcohol or prescription medication (drug DUI) is a serious enough offense without compounding it by being a teen. Parents take note, since most youngsters do not always realize the potentially injurious nature that a DWI conviction can mean to one in the future.

Without a doubt, it is always safer to consult with a qualified DWI lawyer to best understand the impact that any drunken driving conviction can have; in many respects, an underage DWI, DUI or refusal conviction can have even a greater impact than if the defendant was of age and caught for drunken driving for the first time. Suffice it to say that a conviction for DWI is just no way to start out one’s adult life.
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You can be sure that state and local police here in the Garden State have next to no tolerance for drunken driving on public roads; and neither does our court system. Besides the potentially embarrassing and career-changing arrest for driving while intoxicated, there is also the probability of being convicted of DWI, which itself has penalties that make this a traffic offense worth avoiding if at all possible.

Another thing that police and others in the judicial system find abhorrent is drivers who drive under the influence of alcohol while a child is riding in the same vehicle. Aside from actually causing an accident while legally intoxicated, having a minor along for the ride is probably up there on the list of things not to do.

While a drunk driving arrest or conviction may ruin a career or set one back in the running for a higher position at work, driving drunk with one’s child, a friend’s kid or some neighbors’ children can result in a parent being ostracized by an entire community. Depending on how forgiving one’s spouse is, a marriage could easily be at stake as well.
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It would seem that, at least for once, it may have been better to be arrested for drunken driving here in New Jersey than in another state. Now, we say this mostly with tongue firmly in check, since the defendant in a recent out-of-state drunken driving case happens to be a Zamboni driver who was working the ice for a peewee hockey game when he was picked up for DWI.

For this particular individual, maybe he should have been grooming a hockey arena in the Garden State instead of for the Apple Valley Parks and Rec Department in Minnesota. The reason? New Jersey has already set a “precedent” in cases pertaining to driving a Zamboni under the influence of alcohol (would that be “DZUI”?).

Seriously, as New Jersey DWI defense attorneys, we know it’s no joke when a motorist receives a summons for driving while intoxicated, operating a vehicle under the influence of prescription drugs (drug DUI), or refusing to take a breathalyzer test. All of these offenses carry with them strict penalties for the accused if a conviction is secured against a defendant. The important thing to understand is that when a driver is taken into custody and charged with impaired driving, the consequences, legal or otherwise, could be severe and long-lasting.
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