What to do if you’ve been arrested for DUI
Driving under the influence of drugs or alcohol (DUI) is one of the most common offenses that many people face. There are thousands of arrests throughout the state of New Jersey each year. Field sobriety checkpoints are one of the primary methods employed by both state and local police departments to locate and arrest impaired drivers. A field sobriety test consists of many different types of evaluations designed to determine whether a driver is under the influence of drugs or alcohol.
DUI sobriety checkpoints are required to be supervised by a commanding officer and must adhere to specific guidelines to prevent illegal practices. During a stop, you may be asked to provide your identification and asked several questions. In addition, there are many different physical tests that you may be asked to perform. These tests are based on subjective observations and interpretations from the officer. You may also be asked to submit provide a breath sample with an Alcotest to measure your blood alcohol concentration (BAC). If you fail the field sobriety test and/or your BAC measures 0.08% or greater, you may be arrested for DUI.
If you are arrested for DUI, you will be taken into custody for processing at a local jail. It is important to understand your rights and consult an attorney as soon as possible after an arrest.
Simply failing a field sobriety test does not mean that you are out of options. Depending on the specific circumstances surrounding your stop and arrest, there may be potential defenses available to help you mitigate the consequences of your arrest. In many cases, law enforcement officials fail to follow proper protocols during the administration of field sobriety checkpoints and tests thus invalidating your arrest. In addition, the Alcotest device must be maintained and operated according to very specific requirements. Failure to properly utilize and administer a breath test may void any incriminating results.
The consequences of a DUI conviction are serious and vary depending on your prior history of convictions. Even a single conviction may lead to jail time, hefty fines and lengthy probation or community service. You may also lose your driver’s license for up to a year and even longer if you have multiple convictions on your record. Refusing to submit to a breath test typically results in an automatic license suspension and monetary penalties under New Jersey’s implied consent law.
The most important step you can take following a failed sobriety test or DUI arrest is to consult an experienced New Jersey DWI defense attorney. If you have questions about your options, contact a dedicated team of DUI attorneys at Lomurro Law by phone at 732-482-9285 or email.