In New Jersey, you can be charged with a DWI if you’re caught operating a vehicle under the influence of any alcohol or drugs that would have inhibited your ability to safely operate your vehicle.
If your blood alcohol concentration is above 0.08%, it is presumed that you’re operating your vehicle under the influence. You could still be found operating a vehicle under the influence if you test below the legal limit.
If a police officer administers a roadside test, commonly known as standard field sobriety tests (SFSTs), and you’re unable to perform them properly, you may be arrested for suspicion of driving under the influence. Then, you will likely be brought down to the police headquarters to conduct further testing on the suspicion that you’re operating a vehicle under illicit drugs.
A DWI is not a criminal charge, and as a result, it’ll likely not show up on a criminal background check. However, the actual arrest that follows the DWI charge may come up on a background check and immigration consequences may occur as a result of the arrest.
A DWI conviction can result in six months of jail time, thousands of dollars in fines, and a lengthy suspension of your driving privileges.
Moreover, a DWI conviction can lead to criminal charges when certain aggravating circumstances are present.
For example, if you’re driving with a child in the car and were also driving intoxicated, you may be charged with endangering the welfare of a child.
Also, if you are caught operating a vehicle during a period of license suspension as a result of a prior DWI Offense and get into an automobile accident that resulted in the injury of another person, you may be charged with an indictable offense. This may result in a sentence of up to 5 years in prison.
Do I Have To Give A Breath Or Blood Sample During The DWI Arrest In New Jersey?
You can refuse to take a breath or blood sample during a DWI arrest – but if you do, you’re going to be charged with a separate violation for doing so.
According to the New Jersey statute, you do not have the right to refuse a breath test without a possible penalty as New Jersey is known as an “implied consent” state.
So in New Jersey, the operation of a motor vehicle on any public or semi-public road, street, highway, or other area carries an implied consent that you submit to testing if an officer has suspicion to believe you are operating your vehicle under the influence of alcohol or drugs.
Another thing that I always stress to my clients is that it’s not illegal to have a drink and drive, it’s not illegal if you’re on prescription medication to take that prescription medication and operate your vehicle.
However, the statute indicates whether or not you are operating your vehicle under the influence of either alcohol or drugs and whether or not that influence inhibits your ability to safely operate your vehicle.
What Do I Need To Know About My Driver’s License Right After A DWI Arrest And Charge In New Jersey? Do I Lose My Driver’s License Immediately?
After a DWI arrest, you do not immediately surrender your driver’s license. Just because you’ve been charged with a DWI does not mean that you’ve been found guilty or have been found convicted of a DWI.
So until the final disposition of your case, you are free to operate your vehicle as long as your license is still in good standing.
For more information on DWIs in New Jersey, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (908) 428-7006 today.