In most cases, police officers try to give you a breath test as soon as they suspect that you are under the influence. They may have you do field sobriety tests first, or they may just talk to you and then administer the test.
You know people who routinely drive home after having too much to drink. You also know about DUI/DWI accident statistics. It's clear that people often get behind the wheel when they are impaired by drugs or alcohol. In some cases, they don't even know that they're impaired, or they honestly believe that they are safe to drive.
People often refer to the blood alcohol concentration (BAC) limit for drivers as if it means that driving with a lower BAC is safe and acceptable. The limit, of course, is .08% for most drivers. If someone has a .06% or a .07% BAC, then they think that they can't get arrested for drunk driving.
A former WWE wrestling star is in legal trouble after she was arrested for drunk driving in New Jersey. The case is notable because it is her sixth charge. It is also the third time that she has been picked up on these charges in the previous 12 months.
Drunk and impaired drivers can be held liable for any injuries and deaths they cause. In cases where a bar, restaurant, liquor store or party host serves alcohol to a visibly intoxicated person, who later causes an injury or fatal accident, that person or establishment can also be held liable under New Jersey's dram shop law. Here, it's important to thoroughly reconstruct the events that happened prior to a drunk driving accident in order to establish a timeline of when a drunk driver started drinking, how much he or she likely had, and the time frame involved. Reviewing bar tabs, credit card purchases, security camera footage (if available) and eyewitness testimony can shed considerable light on whether or not a drunk driver was visibly intoxicated when he or she was served alcohol.
When you are stopped for suspicion of drunk driving, you may be asked at some point to submit to a field sobriety test. You may be uncertain whether you have the right to refuse to take a field sobriety test or if there are consequences to a refusal. This blog post addresses these issues.
The consequences of a DWI conviction can be devastating. In addition to fines, penalties and even jail time, you will likely face higher motor vehicle insurance premiums, and can put your employment at risk. While the best way to avoid a DWI charge is to stay off the road when you have been drinking, there are other things you can do to reduce the risk you will be pulled over, or, if you are pulled over, that you will be arrested: