If you have been arrested and charged with drinking and driving, you may think that you have no option but to plead guilty and accept the consequences. The reality is that police often fail to follow proper procedures in DWI cases. This blog identifies the ways that you can challenge an arrest for drunk driving. You don't want to represent yourself in this type of matter, though. You want an experienced and aggressive lawyer to protect your constitutional rights.
At the Law Offices of Mallon & Tranger, we provide strong defense counsel to people who have been charged with drinking and driving. To schedule a private meeting, contact us online or call us at 732-702-0333. Your first consultation is free.
Protecting Your Constitutional Rights after a DWI
The first thing you want to know when a police officer pulls you over is why he or she made the traffic stop. A law enforcement officer must have probable cause to detain you, and you have a right to immediately ask why you have been stopped. You should document the specific reason the police officer gives since your lawyer may be able to later show that there was no basis for the officer's claim. If there was no probable cause, then all evidence obtained as a result of the traffic stop, including statements you made, field sobriety tests and blood alcohol tests, will be inadmissible in court.
When you are stopped, the police will likely ask you questions immediately. The first question may be whether you have been drinking. You do not have to answer their questions at all. If they detain you, you have the right to have an attorney present before you answer any further questions. If you have been drinking and fear that you may be legally intoxicated, the best thing you can do is keep your mouth shut and cooperate, speaking only to ask if you are being placed under arrest and to request the opportunity to contact your lawyer.
If you choose to submit to a field sobriety test, you may still challenge the results in court. Police officers frequently provide inaccurate, improper or confusing instructions and then claim that the fact that you couldn't understand or follow them was evidence of intoxication. You can also challenge the findings of a breathalyzer or blood alcohol test. It has been shown that certain medications and even the use of certain colognes or perfumes that contain alcohol can skew the findings of a breath test.
Contact Mallon & Tranger
We offer a free initial consultation to people in New Jersey who have been arrested for drunk driving. To set up a meeting, contact us online or call us at 732-702-0333 for an appointment. We have offices in Freehold, Toms River and Point Pleasant.