What Are a Driver’s Rights During a New Jersey DWI Investigation?

The Right to Freedom from “Unreasonable Searches and Seizures”

The Fourth Amendment of the U.S. Constitution protects citizens from “unreasonable searches and seizures.” This means that police officers must have a valid reason for pulling you over or detaining you during a DWI investigation. Below are some things you need to know about your rights during a New Jersey DWI investigation:

Police Must Have Reasonable Suspicion to Stop Your Vehicle

The police cannot simply pull you over without a valid reason. They must have reasonable suspicion that you are committing a traffic violation, such as speeding or running a red light. If the police do not have a valid reason for pulling you over, any evidence they gather during the stop may be suppressed in court.

Police Must Have Probable Cause to Arrest You

If the police believe you are driving under the influence of drugs or alcohol, they may arrest you. However, they must have probable cause to do so. This means they must have a reasonable belief that you have committed a crime.

The Right to Leave if the Police Are Not Arresting You

If the police do not have probable cause to arrest you, you have the right to leave. You do not have to answer questions or take sobriety tests if you are not under arrest. However, if the police have probable cause to believe you are driving under the influence, you must comply with their requests.

The Right to Remain Silent

You have the right to remain silent during a DWI investigation. Anything you say to the police can be used against you in court. You should not answer any questions or make any statements without an experienced DUI lawyer in NJ present. The Law Office Defense of New Jersey DWI and Criminal Cases can provide the legal representation you need to protect your rights.

The Right to Have an Attorney Present

You have the right to have a lawyer present during a New Jersey DWI investigation. If you are arrested, you should request an attorney immediately. The attorney can advise you on what to say and what not to say to the police. They can also help you navigate the legal system and work to get the charges against you reduced or dismissed.

Rights Regarding Field Sobriety Tests

Field sobriety tests are used to determine if a driver is under the influence of drugs or alcohol. However, these tests are not always accurate and may be challenged in court.

Refusing Field Sobriety Tests

You can refuse to take field sobriety tests during a New Jersey DWI investigation. However, if you refuse, your driver’s license may be suspended for up to one year.

Receiving Clear Explanations of the Field Sobriety Tests

If you decide to take field sobriety tests, you have the right to receive clear explanations of the tests. The police should explain the tests to you in a manner that you can understand. You also have the right to ask questions if you are unsure of what you are being asked to do.

Note that field sobriety tests are not always accurate, and various factors, such as medical conditions or physical limitations, can impact your performance on these tests.

Rights Regarding Chemical Testing

Chemical tests, such as breath, blood, or urine tests, are commonly used to determine blood alcohol content (BAC) levels. If you are arrested for a DWI, the police may request that you submit to chemical testing. However, you also have certain rights regarding chemical testing.

Breath Testing

If you are asked to submit to a breath test, you have the right to receive a clear explanation of the test and how it works. You also have the right to refuse the test, but refusing a breath test may lead to serious consequences, including a license suspension and the mandatory installation of an ignition interlock device.

Blood and Urine Testing

The police may only request these types of tests with a warrant. You have the right to refuse if you are asked to submit to a blood or urine test without a warrant. However, if the police obtain a warrant, they may use force to obtain a sample, if necessary. It is important to note that refusing to take a chemical test can result in serious consequences, including suspending your license for a longer period.

The Right to Have Your Rights Read to You

The officer should inform you of your Miranda rights and your right to have an attorney present. It is important to remember these rights and exercise them if necessary. If you are in need of legal assistance during a DWI investigation, contact the Law Offices of Bartholomew Baffuto for expert guidance and representation.

By knowing your rights and following the correct procedures, you can protect yourself from unnecessary charges or wrongful arrests. If you find yourself in this situation, contacting an experienced DWI lawyer, such as the Law Offices of Bartholomew Baffuto, is essential. They can help you navigate the legal system and work to ensure the best possible outcome for your case.