Facing a drunk driving charge can be unexpected, but facing it with the right legal guidance and understanding of the process can make all the difference. Learn what to expect and how to handle a DUI arrest in New Jersey, ensuring your rights are protected and your case is handled effectively.
Physical Observation Period
Once you are pulled over, the police will have an opportunity to observe you and document any signs of alcohol consumption. Some common signs that law enforcement will look for during their observation period include:
- Inability to balance
- Talking with slurred speech
- Bloodshot eyes
- Smelling like alcohol
- Lack of fine motor skills
You should assume that the law enforcement officer who stopped you will be videotaping you during their observation to determine whether you are under the influence. This recorded evidence can, and probably will be used against you during your DUI court hearing.
Voluntary Field Sobriety Test
The police may also request that you undergo a field sobriety test to test your dexterity, balance, and ability to follow certain types of instructions. The three frequently used types of field sobriety tests include:
- The one-leg stand
- The walk-and-turn
- Horizontal Gaze Nystagmus (HGN) – this includes having to follow objects with your eyes, such as the officer’s fingers or a pen
Implied Consent Warning a Breathalyzer Test
In some states, such as New Jersey, you automatically agree to a breathalyzer test when pulled over on the submission of drunk driving as a condition of getting your driver’s license. This is called implied consent law. If you have been pulled over on suspicion of DWI you can be arrested if you do not agree to take a breath test.
After the Arrest
If the police believe they have enough evidence, they will arrest you for driving under the influence. Once you are released from jail – either by posting bail or being released on your own recognizance – you should contact an experienced Elizabeth NJ dui attorney. They will guide you through the legal process and work to protect your rights and defend against the charges you are facing.
