Being charged with a DWI or DUI (driving while intoxicated or under the influence) can lead to serious consequences, no matter where you’re located. In the moment, things may be chaotic, and the unknowns can feel incredibly overwhelming. Having at least somewhat of an idea of what to expect after an arrest can help alleviate some of that stress and help you remain focused and calm in the face of what’s to come.
Whether you’ve been arrested or not, it’s a good idea to have a clear understanding of the process of a New Jersey DWI arrest. Keep reading for more on how to navigate the process.
What can you expect during the arrest?
Though getting pulled over can be scary—whether or not you feel you’re in the wrong—it’s important to stay as calm and collected as possible. Remind yourself to take deep breaths and to speak slowly and intentionally. Listen carefully to what the officer is saying, and do your best to respond rather than react.
The officer who pulls you over will assess your behavior, noticing any signs of intoxication such as the smell of alcohol, slurred speech, or bloodshot eyes. They may deem it necessary to perform a field sobriety test if they suspect you might be intoxicated. Keep in mind that the only three admissible field sobriety tests in New Jersey are the walk-and-turn, the one-leg stand, and watching your eyes track a moving object.
If you fail one of the field sobriety tests, the officer will likely request a breathalyzer test to check your blood alcohol concentration. If that test results in a percentage higher than the legal limit of .08% (for most drivers), you’ll be placed under arrest.
Remember your rights
While it’s crucial to remain respectful of the officers arresting you, it’s just as important to remember that no matter the situation, you always have rights while being arrested. You have the right to remain silent—you aren’t legally required to answer any questions the arresting officer may ask you in terms of where you’ve been, what you’ve been doing, or who you’ve been with.
While you might feel it necessary to try to explain your situation or talk your way out of the arrest, the officer has likely already made up their mind about what will happen. It’s unlikely that anything you say will be helpful at this point, so it’s in your best interest to remain quiet.
Additionally, you have the right to an attorney, as well as the right to stop answering questions at any time until you have your attorney present. If you feel that your arresting officer violated any of your rights throughout the process, be sure to express those concerns to your attorney so that they can use that information to your advantage.
What happens immediately after the arrest?
The moments immediately after getting arrested can be terrifying, but keep in mind that you’re not actually being convicted of anything at this time—the police simply suspect that you’ve been driving while intoxicated.
At this point, you’ll be placed in handcuffs and taken into custody. When you get to the police station, the officers will take down all of your information, gather your personal belongings, and place you in a holding cell. The amount of time you’ll spend in jail will be determined by your unique situation—you could be released as soon as you’re sober, or you may be held until your first court appearance.
It’s a good idea to keep track of anything you may have said to the police during your arrest. When you get your personal items back, consider creating a note in your phone with every detail you remember about the event—from exactly what you were doing when you got pulled over and why the police said they were pulling you over to anything they may have asked and how you answered. Make sure you jot everything down while it’s still fresh in your mind—this information can be incredibly helpful for your attorney going forward.
Understanding your charges
If formal charges are filed, you’ll be issued a court summons with the specific date and time of your hearing. Whether you plead guilty, not guilty, or no contest will determine how things proceed moving forward.
It’s a good idea to familiarize yourself with all possible outcomes of your case so that you’re prepared for every circumstance. Know that your specific situation will play a massive role in how things unfold—from your blood alcohol concentration to any previous DWI record you might have.
Depending on your BAC, a first offense could result in a fine, imprisonment for up to 30 days, and require an ignition interlock device or breathalyzer in your vehicle for up to a year. A second offense could lead to an increased fine, 90 days of imprisonment, a one- to two-year license suspension, 30 days of community service, and two to four years with an ignition interlock device in your vehicle after your license is restored. For a third offense, you could have a fine of $1,000, up to 180 days in jail, an eight-year license suspension, and two to four years with an ignition interlock device after your license is restored.
How hiring a DWI lawyer can help you navigate the process
Though an attorney will be appointed to you if you aren’t able to afford your own private lawyer, it can be extremely beneficial to work with someone who’s both experienced in DWI cases and has your best interests in mind. If you experience a New Jersey DWI arrest, it’s imperative to have someone in your corner who can help examine possible evidence against you, identify evidence obtained illegally, handle communication and negotiation with prosecutors, and represent you in court.
Being charged with a DWI or DUI can feel overwhelming and devastating. Having someone on your side to help you navigate the process can help alleviate a great deal of worry and anxiety that come with being arrested.