Imagine the following scenario: you go out for a few happy hour cocktails with friends after work, have a few, drink some water, wait an hour or so, and hop in your car to get home. On your way home, you drive 5 miles per hour above the speed limit just like everyone around you is doing, when suddenly you hear a chirp and realize that you are being pulled over.
You are not a criminal. In fact, you took steps to make sure that you were okay to drive by drinking water and waiting for your body to metabolize the alcohol you consume. After all, drinking alcohol and driving is not illegal – drunk driving is.
Unfortunately, for those of us who enjoy the occasional drink, drunk driving laws have become so strict that even 1-2 drinks could put you over the legal limit in some circumstances. In addition, you do not even need to be over the legal limit to be accused of DWI. It is sufficient that the police officer that stopped you believes that you are sufficiently impaired, and you better believe that he or she will write the police report in such a way as to make it seem like you were clearly drunk while you were driving.
Fortunately, there are certain things you can do to protect your rights in the event that you are pulled over after you have consumed any alcohol. Basically, you need to keep in mind that any questions you are asked are not asked for any other reason except to obtain evidence against you. For example, if the officer asks you how you are doing this evening, he or she does not actually want to know but rather is observing your speech, demeanor, and appearance in order to determine whether you may be intoxicated. For this reason, you should generally refuse any field sobriety tests that you are asked to perform and also refuse to provide a breath sample. There is no way to beat these tests, and any evidence gathered from them will simply be used to indicate that you were drunk.
Call 856-795-9688 today for a free consultation.
If you have been accused of drunk driving or DWI in New Jersey, you should contact the Law Office of Robert DePersia II as soon as possible. To schedule a free consultation, call us today at 856-795-9688 or send us an email through our online contact form.