Drinking and driving is a good way to ensure that you never get to drive again, at least in New Jersey. The state takes DUI offenses seriously and doesn’t offer the accused many ways to fight their charges.
If you get charged with a DUI in New Jersey, you might be able to avoid the worst potential DUI penalties, but only if you avoid the following mistakes.
Failing to Seek Representation by an Experienced DUI Lawyer
New Jersey has thousands of criminal defense lawyers. But just because a lawyer has experience fighting criminal charges doesn’t mean they’re qualified to defend you from DUI charges.
As noted, DUI charges are difficult to overcome in New Jersey. Even though you’re technically innocent until proven guilty, the chips are stacked against you from a legal standpoint. The standards for conviction aren’t particularly hard to meet, and the average criminal defense attorney may or may not be able to successfully defend you.
You need a lawyer that focuses their practice on DUI defense. DUI defense attorneys understand the specifics of traffic laws in New Jersey and are usually capable of challenging blood alcohol and field sobriety tests.
Besides hiring the wrong type of lawyer, another mistake you can make is to hire the right lawyer too late.
The best time to contact a lawyer is as soon as possible after your arrest. Every minute counts when defending against DUI charges, and you want to give your attorney plenty of time to build a strong case on your behalf. If you find yourself under arrest for a DUI, contact the Law Office of Steven Ellman immediately.
Speaking to the Police or a Prosecutor Without Your Lawyer Present
If you want to have a good chance of beating your DUI charges, the best thing to do is keep quiet. Anything you say to a police officer or prosecutor, no matter how innocuous, can be used against you in a court of law.
Maintain a respectful silence from the moment you’re arrested until you’ve been given a chance to contact a lawyer — otherwise, you might say something you’ll later regret. If you want to protect yourself, practice saying, “I refuse to speak without my lawyer present,” and nothing else.
The police must respect your reticence. If you volunteer anything, however, you could be surrendering your rights without knowing it. When asked for identifying information, simply show officers your license or another piece of identification and resist the urge to protest, argue, plead, or rationalize.
Similarly, avoid discussing your charges with anyone else. You might be tempted to tell a cellmate why you were arrested or describe the ordeal of your arrest on social media. This just puts information out into the world that could later be used against you. In other words, talking about how bad you have it could just make things worse.
The only person you should talk to about your charges is your lawyer. If they decide it’s best for you to agree to a plea deal, you might eventually give your side of the story to a prosecutor or a judge, but only after your attorney has advised you to.
Refusing a Chemical Breath Test
According to New Jersey law, it’s illegal to refuse a breathalyzer test. By doing so, you’re practically guaranteed to lose your license.
Under the state’s implied consent statute, you’ve already consented to take a chemical breath test by agreeing to the terms of having a license. When you refuse, you’re giving the state permission to revoke your license without having to convict you at trial.
Furthermore, you probably won’t gain much by refusing a chemical test.
You can be convicted of driving under the influence of alcohol entirely based on the observations of another party. Thus, if the police officer who arrests you says you were driving erratically and your breath smelled of alcohol, you have a good chance of being convicted, even if the state doesn’t know what your BAC was.
It’s usually better to take the test and let your attorney dispute its accuracy in court. Many DUI lawyers have experience proving that tests are inaccurately calibrated or inconclusive or that police officers administered them incorrectly.
Get Professional Help Fighting Your DUI Charges
If you’re arrested for a DUI in New Jersey, the loss of your license is just the tip of the iceberg. Without the right legal professional on your side, you could face massive fines or even spend time in prison. Contact attorney Steven Ellman as soon as possible to push back against your charges and protect your future.
