What happens during a traffic stop for suspected drunk driving?
A guide for drivers in New Jersey
FAQs
Table of Contents
What are the signs that a police officer might look for to suspect drunk driving?
A police officer might pull over a driver for suspected drunk driving if they observe any of the following behaviors:
- Swerving, weaving, or drifting across lanes
- Driving too fast or too slow
- Braking erratically or stopping abruptly
- Ignoring traffic signals or signs
- Making illegal turns or lane changes
- Driving without headlights or with high beams on
- Having an open container of alcohol in the vehicle
However, these signs are not conclusive evidence of drunk driving, and a driver might have other explanations for their driving behavior. For example, a driver might be tired, distracted, or have a medical condition that affects their driving.
What are the legal limits for blood alcohol concentration (BAC) in New Jersey?
In New Jersey, the legal limit for BAC is 0.08% for drivers who are 21 years or older, and 0.01% for drivers who are under 21 years or have a commercial driver’s license. BAC is the percentage of alcohol in a person’s blood, and it can be measured by a breathalyzer test or a blood test.
A driver who has a BAC above the legal limit can be charged with driving under the influence (DUI) or driving while intoxicated (DWI), which are serious offenses that can result in fines, jail time, license suspension, and other penalties.
What are the consequences of refusing a breathalyzer test?
In New Jersey, drivers are required by law to submit to a breathalyzer test if they are arrested for suspected drunk driving. This is known as the implied consent law, which means that by driving on the state’s roads, drivers agree to take a breathalyzer test if requested by a police officer.
If a driver refuses to take a breathalyzer test, they can face additional charges and penalties, such as:
- A fine of $300 to $500 for the first offense, $500 to $1,000 for the second offense, and $1,000 for the third offense
- A license suspension of seven months to one year for the first offense, two years for the second offense, and 10 years for the third offense
- A mandatory installation of an ignition interlock device, which prevents the vehicle from starting if the driver has alcohol on their breath, for one to three years after the license is restored
- A requirement to attend an alcohol education program or a referral to an alcohol treatment program
Refusing a breathalyzer test does not guarantee that a driver will avoid a DUI conviction, as the prosecution can still use other evidence, such as the officer’s observations, field sobriety tests, or witness statements, to prove that the driver was impaired by alcohol.
What are the possible defenses for a DUI charge?
A DUI charge is not a conviction, and a driver has the right to challenge the evidence and the procedures used by the police and the prosecution. Some of the possible defenses for a DUI charge are:
- The officer did not have probable cause to stop the driver or to arrest them for DUI
- The officer did not follow the proper protocol for administering the breathalyzer test or the field sobriety tests
- The breathalyzer device was faulty, inaccurate, or not calibrated correctly
- The driver had a medical condition, a medication, or a food or drink that affected their BAC or their performance on the tests
- The driver was not actually driving the vehicle or was not in physical control of the vehicle
- The driver was not impaired by alcohol but by another substance, such as a prescription drug or a legal substance
These defenses are not exhaustive, and each case is unique and depends on the specific facts and circumstances. A driver who is facing a DUI charge should consult with an experienced lawyer who can evaluate their case and advise them on the best course of action.
How can a lawyer help with a DUI case?
We can help a driver who is charged with a DUI by:
- Reviewing the evidence and the police reports
- Filing motions to suppress or exclude any evidence that was obtained illegally or improperly
- Negotiating with the prosecution for a plea bargain or a reduced charge
- Representing the driver at the trial and presenting a strong defense
- Appealing the verdict or the sentence if necessary
- Assisting the driver with the administrative and collateral consequences of a DUI conviction, such as license suspension, ignition interlock device, insurance rates, and employment issues
We can also provide you with emotional support and guidance throughout the legal process, and help you understand their rights and options.
The Face of Justice
Daniel S. Kratka
Founder
Daniel S. Kratka
Founder
Daniel S. Kratka began his legal career as a criminal prosecutor, honing his skills as a formidable trial attorney. He handled hundreds of DUI cases. He used the skills he developed from trying dui cases as a prosecutor to defend clients in DUI cases throughout the State of New Jersey.
As his google reviews attest, he is a master criminal defense attorney, who assesses each case and client goals to formulate the best legal defense. He has established an impressive winning track rack record. Mr. Kratka is a member of the National Association of Criminal Defense Lawyers and has been the attorney of record in many published legal decisions over the years. Mr. Kratka ‘s excellence was recently recognized when he was selected as a 2023 recipient of the Lawyers of Distinction Award.
Mr. Kratka practices throughout the state courts of New York and New Jersey and represents clients in federal courts throughout the country. He lectures on a variety of legal topics, is the president of his synagogue and is involved in many charitable organizations.
Mr. Kratka is a former All-City Basketball player, who still loves to play and coach.