Getting stopped and arrested for DWI or DUI in Hamilton is often a harrowing experience. While you might be scared during this time, our lawyers can help you defend against the charges.
The police can generally stop you if they have a reasonable suspicion that you are driving under the influence, but they must be able to explain their reasons for the stop. If they cannot, we can challenge the legality of the stop. Having our team on your side is worth it to avoid the worst consequences of a DWI or DUI conviction, which can result in severe fines and license suspension for the first offense.
For a confidential and free case review from our DWI and DUI lawyers, call the Law Offices of John J. Zarych today at (609) 616-4956.
Understanding DWI and DUI Charges in Hamilton, NJ
While the terms are sometimes used interchangeably, driving while intoxicated (DWI) and driving under the influence (DUI) refer to the same offense, but the terms are often used to stake out different penalties for different specific conduct. DUI is typically the name used for operating a vehicle while impaired by drugs, including substances like marijuana, cocaine, heroin, or prescription medications, while DWI is more commonly used for drunk driving offenses.
Under N.J.S.A. § 39:4-50(a), a person cannot operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or under the influence of an intoxicating liquor, hallucinogenic or other narcotic. Some people with a BAC of 0.08% might not even feel drunk or high, but that will not stop them from being tested and charged.
The legal BAC limit can even be lower for some people. For instance, anyone under the age of 21, the legal age to purchase alcohol, can be arrested for DWI/DUI if they have a BAC of 0.01% or more, under § 39:4-50.14(1). Even one drink could cause someone to reach this limit. Those under 21 convicted of DWI/DUI will usually lose their license, participate in an alcohol education safety program, and perform community service in addition to any other penalties the court might wish to impose. Commercial drivers also cannot have a BAC over 0.04%, as per 49 C.F.R. § 382.201.
When the Police Can Stop a Driver Suspected of DWI or DUI in Hamilton, NJ
The police can stop someone for suspected DWI or DUI in a few different scenarios. Most DWI/DUI arrests follow a common traffic stop by the police. Other times, the police will initiate a DWI/DUI check even when they find the vehicle parked. Drivers can also be stopped at DWI/DUI checkpoints and investigated by the police. In any case, the police must abide by strict procedural rules when stopping someone or setting up a checkpoint. If the police violated your rights during or after the stop, we might be able to stop the evidence collected from being used against you.
Traffic Stops
Most DWI/DUI cases start with a routine traffic stop. The police can initiate a traffic stop if they have a “reasonable suspicion” or “probable cause” that someone is driving under the influence or committing another crime or traffic violation.
Reasonable suspicion is a lower standard than probable cause. Essentially, the police can stop you if they reasonably believe based on their observations and articulable facts that a traffic offense is being committed. Perhaps the officer saw a driver throw an empty beer can out of the window. This would likely give them a reasonable suspicion to legally stop them for drunk driving. If the police saw a driver weave over traffic lines, speed, or run a light, they actually witnessed them commit a traffic violation and would have probable cause to initiate the stop, even if they did not have a reasonable suspicion that the person was intoxicated at the time.
However, the police must have reasonable suspicion that you are driving under the influence to start a DWI/DUI check if they pulled you over for an unrelated traffic violation. During questioning, the police will be looking for signs of intoxication, such as slurred speech, the smell of alcohol or drugs, open containers, or drug paraphernalia. If the police have no facts that they can point to justifying their suspicion of drunk driving, the initial stop for the traffic violation might be lawful, but the investigation and arrest for DWI/DUI should be found illegal in court.
Other Encounters
Not all DWI/DUI charges result from typical traffic stops. People can also be arrested for DWI/DUI even when their vehicle is parked. The engine might not be on at all when the police approach you.
Perhaps a person drank too much alcohol at a bar and decided to rest in their car instead of trying to drive back to their house. Whether or not you should have been arrested for DWI or DUI depends on whether law enforcement can show that you had “actual physical control” over your vehicle when the encounter was initiated.
Determining actual physical control can be challenging, as no single factor or detail definitively shows control on its own. For example, a person would be deemed to have actual physical control if the police found them in the front seat of their vehicle with the ignition turned on, even if they were sleeping when the police found them. However, if they were sleeping in the back seat or their keys were not in the car, this might defeat the allegations of control.
Checkpoints
Other drivers are stopped at sobriety checkpoints rather than being pulled over while driving. DWI and DUI checkpoints are a common tool law enforcement uses to combat drunk driving in and around Hamilton. Typically, the police will choose a specific location along a road or highway where they can legally stop all vehicles passing through. While most drivers are sober and have committed no offenses, the police are allowed to stop them at checkpoints to identify those who are driving under the influence. However, they must follow certain rules.
Law enforcement cannot just set up a DWI/DUI checkpoint randomly. They must have a valid reason for targeting enforcement at that location, such as DWI/DUI arrest statistics.
Further, the police must publicly announce checkpoints and where they will be located. The police usually provide this notice by publishing it in the newspaper. Police also need a procedure for who to pull over to keep it randomized, such as stopping every third car. They can only stop cars outside of that rule if they have reasonable suspicion or probable cause, as with a normal traffic stop.
If they violate these procedures, our team can argue that the arrest made at the checkpoint was unlawful and evidence gathered during the stop should be excluded.
Understanding Chemical Testing Rules for DWI and DUI Stops in Hamilton, NJ
While the police will typically conduct field sobriety tests to get probable cause for a DWI or DUI arrest, they will request the suspect to submit to chemical testing to confirm their BAC or the presence of intoxicating substances. According to § 39:4-50.2(a), every person driving a vehicle on the state’s roads and highways automatically gives their consent to having their breath tested or undergoing other chemical tests when the police have probable cause to arrest a suspect for driving under the influence. Essentially, if you are arrested for DUI or DWI, you are legally required to agree to the police’s post-arrest test requests. There is no requirement to submit to pre-arrest “presumptive breath tests” during a traffic stop.
Denying the request does not mean that the police will not have evidence against you. The refusal to take the tests can itself be used as evidence against you. However, the police cannot force a person to undergo testing but must tell them about the likely consequences of refusing after the arrest, as per § 39:4-50.2(e).
You can face several penalties under § 39:4-50.4a for refusing to submit to a chemical test, even if you are not ultimately charged or convicted of DWI/DUI. The court might order a person to install an ignition interlock device in their vehicle, which prevents them from operating it if they have been drinking. Offenders might also have their licenses suspended for one or more years if they have refused testing multiple times, in addition to expensive fines.
Fortunately, § 39:4-50.2(c) gives you the right to have a sample taken to be tested by a doctor or your own choosing, which our team can help arrange so that we have evidence to use against the prosecution’s. Still, requesting your own physician cannot be used as a reason for stalling the police’s testing.
Our lawyers can also argue that the results of any tests should be excluded as evidence if law enforcement failed to use the proper methods of analysis or approved techniques when conducting chemical analyses, as per § 39:4-50.3.
Potential Penalties for DWI or DUI Convictions in Hamilton, NJ
Penalties for DWI and DUI can be significant, even for the first offense. While penalties will be lighter for first-time offenses, you can still spend thousands of dollars in fines and lose your license. Second time offenders will face increased fines and potential jail time. Those facing a third or more DWI/DUI charge should contact our team immediately since the penalties in these cases can be life altering.
First DWI/DUI Offense
Although individuals charged with their first DWI or DUI might face relatively lighter penalties compared to those with additional offenses, the penalties can still be significant. Under § 39:4-50(a)(1), the consequences for first-time DWI/DUI offenders differ depending on their level of intoxication or whether they were on a controlled substance.
If your BAC ranges from .08% to less than .10%, you could be sentenced to a minimum of 12 hours and a maximum of 48 hours in jail, along with fines ranging from $250 to $400. Furthermore, the court has the option to impose a 30-day jail sentence. Additionally, your driving privileges may be suspended until you install an ignition interlock device in your vehicle, which requires the driver to provide a breath sample before starting the car. If alcohol is detected on the driver’s breath, the vehicle will not start.
For first-time offenders with a BAC of at least .10% and under .15%, the fines escalate to a minimum of $300 and a maximum of $500. The court again has the power to impose a 30-day jail term at its discretion, and the installation of an ignition interlock device is mandatory when a person is convicted of driving while intoxicated. If they were convicted of driving under the influence of a drug, their license will be suspended for a minimum of seven months but not longer than a year since interlock devices cannot detect these offenses.
If your BAC is .15% or higher, you will lose your driver’s license for a minimum of three months after the installation of an interlock device. However, you can install an interlock device voluntarily to shorten the suspension’s length of time. For every two days you drive with the device, you will get a one-day credit against your suspension, as long as you have a license with the proper notation and install the device before being convicted.
Second DWI/DUI Offense or More
If you are looking at a potential second DWI/DUI offense, the consequences of a conviction can be significantly harsher. The fines are considerably higher, and you could be required to pay a minimum of $500 and a maximum of $1,000 for a second conviction, according to § 39:4-50(a)(2). The court might mandate that you complete community service for as long as 30 days. You could face a jail sentence ranging from at least 48 hours to a maximum of 90 days. Lastly, there is a possibility of losing your driver’s license for a period of at least one year up to two years.
If you are convicted of a third offense or more, you will be fined for $1,000 and sentenced to jail time for not less than 180 days, as per § 39:4-50(a)(3).
Contact Our Hamilton, NJ DWI and DUI Attorneys Today for Help Defending Your Case
Contact the Law Offices of John J. Zarych at (609) 616-4956 for your free case review from our DWI and DUI attorneys.
