In the year 2003, deaths in the United States resulting from alcohol-related motor vehicle crashes totaled 17,013. This works out to 40% of all traffic accident deaths! The enormity of the problem in New Jersey can be gauged by the fact that during a crackdown on the menace between 8/19/2005 and 9/5/2005, 583 people were arrested for Driving While Intoxicated (DWI). Intoxication can be either from alcohol or from other substances, which can even include certain prescription medicines. Whether a person feels that he can hold his liquor is immaterial. If caught driving with a Blood Alcohol Content (BAC) of 0.08% or more, he is in serious trouble. New Jersey DWI laws are very specific, and the enforcement officers have vast powers. A driver can be arrested even without the Standardized Field Sobriety Test. But in such instances the state has to prove that there was sufficient reason to take the person into custody. The police can arrest a driver who has an open liquor bottle in his car, parked or otherwise. Here the probable cause, which again the state has to prove, would be intention to drive after consuming the intoxicant. A person who realizes that he has consumed too much alcohol and decides to sleep it off in his car can also be at risk of arrest. In such cases the problem is that when he wakes up he might feel sober and drive, but the BAC could still be adverse. The police are under no compulsion to read out the Miranda rights to the suspect during roadside questioning. If an enforcement officer waves you down, stop as soon as possible. Trying to make a dash home will lead to further trouble. Sometimes a successful defense can be made by exploiting lacunae in the arrest procedure or contradictions in the state's case. For instance, the police vehicle may be fitted with a video camera. The arresting officer perhaps doesn't always refer to the video while making his report. This can lead to inconsistencies, which may be to the defendant's benefit. The best policy is not to drive while intoxicated. If caught, be polite to the police, and contact a good lawyer as soon as possible. |
