Driving under the influence (DUI), also called driving while intoxicated (DWI), is a traffic offense taken very seriously in New Jersey. It is defined as the act of operating a motor vehicle, machinery, or boat with a blood alcohol concentration (BAC) of .08 percent or more. If arrested and convicted, a driver may face very stiff penalties, including possible jail time.
A DUI arrest can have dire consequences on your life and those of your loved ones. Below are some facts about DUI cases and arrests in New Jersey to help you protect yourself and other road users.
Fact 1: You Can Be Charged with a DUI If Your BAC Is Less Than .08
In New Jersey, a driver is typically charged with a DUI if their blood alcohol concentration is .08 percent or more or under the influence of a schedule 1 drug, prescription medicine, or other controlled substance. However, this does not mean that you will not be arrested if your BAC is lower than .08 percent. A charge will stand as long as the arresting officer can prove that an intoxicating substance in your body influences your driving.
Fact 2: You Can Still Be Charged with a DWI If You Refuse a Breath Test
Suppose a driver refuses to submit to a breath test after being stopped for a traffic violation, at a traffic point, or after causing an accident. In that case, they can be convicted under the state’s refusal statute (N.J.S.A. 39:4-50.4a). This is not counting the DWI charge, which will still stand despite the refusal.
Fact 3: Breathalyzer Devices Are Not Always Accurate
New Jersey courts may rule that a driver’s breath results were faulty if the arresting officer failed to follow proper protocol when administering the breath test or did it against the state’s guidelines. Coupled with the fact that breath test devices can produce inaccurate results due to the possibility of errors, it means that a positive breath test does not equal a conviction.
Fact 4: Standardized Field Sobriety Tests Are Not Scientific Proof of Intoxication
Police officers commonly administer standard Field Sobriety Tests to drivers suspected of driving while intoxicated, and the results could lead to the driver’s arrest. That said, the results of these tests do not serve as scientific proof that the driver was intoxicated. They must conduct further tests to prove the suspicion of a DUI.
Fact 5: License Suspension in New Jersey Is Absolute
One of the common penalties of Driving While Intoxicated is the suspension of the driver’s license. New Jersey does not offer any limited or provisional licenses if your license is suspended, meaning all suspensions are absolute from the moment of suspension to when the license is restored.
Talk to a Hudson County Personal Injury Attorney
Anthony Carbone, a Hudson County Personal Injury Attorney, is passionate about protecting the rights of accident victims in Hudson County and the rest of New Jersey. With over 30 years of experience, he is well equipped to handle many cases, including those involving a DUI arrest. If you have any questions that only a Hudson County Personal Injury Attorney can answer, contact his office today at 201-829-3805 to schedule a consultation.