New Year’s Eve is a popular night for people to have off from work, to go out to parties, and to consume alcohol or partake in drugs. This, unfortunately, has a direct correlation with the number of driving while intoxicated (DWI) incidents seen on New Jersey roads on the days surrounding this holiday. Local law enforcement may set up more DWI checkpoints than usual, so to curb the amount of drunk driving and subsequent accidents to take place. That said, please continue reading to learn your legal rights at a DWI checkpoint this New Year’s holiday and how an experienced Gloucester County DWI lawyer at The Vigilante Law Firm, P.C. can help protect you after this stop.
What can I expect when entering a DWI checkpoint?
Firstly, you may expect to encounter a DWI checkpoint on a major road or highway or otherwise an urban area that typically experiences heavy traffic flow. And if you do, you may anticipate a local law enforcement officer flagging you down to pull over. Once you are at a safe and complete stop, an officer may ask for your driver’s license and vehicle registration, like the start of any standard traffic stop. From here, they may ask brief questions like, “Have you been drinking tonight?”
Ultimately, if an officer picks up on possible visual signs of your intoxication (i.e., bloodshot eyes, slurred speech, etc)., they may order you to step out of your vehicle. This is so you may participate in certain field sobriety tests (i.e., walk and turn, one-leg stand, etc).
Hopefully, an officer will see you are sober and send you on your way. If not, though, they may ask you to submit to a breathalyzer test. If this device indicates that your blood-alcohol content (BAC) level is above the legal limit of 0.08 percent, an officer may arrest you.
What are my legal rights at a DWI checkpoint this New Year’s?
Understandably, you may be caught off guard driving to an unexpected DWI checkpoint. This feeling is validated even if you did not drink or do drugs this New Year’s holiday. Nonetheless, you must keep your composure and remember your legal rights during the stop.
Overall, even at a DWI checkpoint, you retain your constitutional rights. Meaning that you have the right to remain silent and not answer any of the law enforcement officer’s questions; that is, beyond providing your basic identification and documentation.
In turn, you may refuse a search and seizure of your vehicle if you believe an officer does not have probable cause. Plus, you have the right to refuse field sobriety tests. Although, this may be used against you if you are taken to criminal court. Lastly, if an officer ultimately arrests you, you still retain the right to remain silent until you obtain a legal representative.
In conclusion, there is a lot to consider before entering your upcoming criminal court proceedings. To help you make the right considerations, please consult with one of the experienced New Jersey & Pennsylvania criminal defense lawyers. Our team at The Vigilante Law Firm, P.C. will guide you toward the best decision.
