In New Jersey, drunk driving is referred to as driving while intoxicated (DWI) or driving under the influence (DUI) – which is also the term used more specifically for drugged driving. These charges are quite serious, and if you get arrested, you will face the entire criminal justice process, beginning with the immediate stages that take place after arrest.
Immediately after a traffic stop, you will be questioned, perhaps asked to do field sobriety tests, and then arrested if the police have enough proof that you were driving drunk/high. Then, you will be asked to do a breath test – which you cannot legally refuse without consequences. From there, you will be taken to jail and face additional stages of the criminal justice system, perhaps ending with sentencing. However, our lawyers can intercede and potentially stop the case against you in its tracks.
If you were arrested for DWI in New Jersey, seek assistance from our experienced DWI/DUI defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
What Happens in the Immediate Aftermath of a DWI/DUI Arrest?
If you’ve been arrested on suspicion of DWI/DUI in NJ, it means that the police have already determined that they have “probable cause” to arrest you. This usually comes from questions they ask you during a traffic stop, observations they make (e.g., slurred speech and the odor of alcohol on your breath), and (potentially) the results of field sobriety tests and a presumptive/portable breath test (PBT). We can challenge that evidence and your arrest later, but the following steps are what to expect immediately after arrest:
Search Incident to Arrest
When you get arrested, the police are allowed to do a brief search to take things out of your pockets and to take your bags and belongings off of you. This is mostly for safety reasons, but if the police find drugs on you or some evidence of another crime during this search, they can use it in charges against you. This is also what justifies a breath test since that is a non-intrusive search. If they want a blood test, they usually need a warrant, and NJ does not usually issue blood tests for drunk driving.
Breath Test
Any earlier breath test – usually called a PBT – is not mandatory in NJ. You can legally refuse a presumptive or portable test given pre-arrest, but you cannot refuse the post-arrest breath test. Under NJ law, you are deemed to have already consented to this test by using the roads in NJ. As such, there are penalties for refusing this test, and you are essentially legally required to take it.
You, of course, can refuse the test, but then you will have your license suspended and face other potential penalties automatically.
Blood Test
If you are accused of drugged driving instead of drunk driving, the police might want a blood test. They will usually need to get a warrant, as this is more intrusive than a breath test and cannot be done under the justification of a search incident to arrest.
Trip to Jail
Once you’ve been arrested, the police are going to take you to jail whether you comply with the test or not. As such, what happens next is you will be taken to jail, where you will stay awaiting arraignment at your first court appearance – as discussed below. Before you get to court and have bail set, there are other steps to expect.
If you need to go to the hospital because you are so intoxicated, they will often take you there instead of jail.
Inventory Search
When the police take you into custody, they take your bags and anything in your pockets in a search known as an “inventory search.” These searches do not need probable cause, and if any evidence of a crime turns up, they can usually use it against you. You might also be strip searched and have your clothing taken away and given a jumpsuit if you are being put “into population” in a jail. However, if you are remaining in a holding cell or by yourself, this might not be done.
Booking
When you go to jail, they enter you into the system, catalogue everything taken from you in the search, and put you in jail. In many cases, you will just be in a holding cell until they can get you before a judge, but if you are rather intoxicated, they might keep you overnight in general population or in a holding cell – i.e., the “drunk tank.”
Interrogation
If the police want additional evidence from you or think you were involved in other illegal activities, they might question you while you are in custody. You have the right to an attorney, and you have the right to remain silent, so you can simply tell them you do not want to answer any questions without your lawyer present. That way, you do not have to worry about interrogation. If you answer any questions, they can use your answers against you in ways you might not expect, so call a lawyer if you are being questioned.
Arraignment
When you are alert and sober, they will usually put you before a judge, where you learn about your charges and what to expect going forward – such as your next court date. This is technically the first time you are allowed to have a lawyer present for court proceedings, so if you want our help, you can call our DWI/DUI lawyers and have us represent you.
What Happens in a New Jersey DWI/DUI Case?
The process for defending against a DWI/DUI accusation can be complicated and tiresome. Thankfully, our New Jersey DWI/DUI defense attorneys can help navigate each of the following stages of your case:
First Court Appearance
Your first court appearance, known as an arraignment, is a critical step in the legal proceedings. You will be informed of the specific charges brought against you, and you’ll have the opportunity to enter a plea—guilty, not guilty, or no contest.
It’s strongly recommended to have legal representation at this stage. The team at our law firm can help you understand your rights and provide advice on the best plea to enter based on the circumstances of your case.
Discovery and Pre-Trial Motions
During the discovery phase, our attorneys will request and review all evidence the prosecution intends to use against you. This includes police reports, witness statements, and any results from sobriety tests or breathalyzer tests. Our team will scrutinize this evidence for any irregularities or inconsistencies that may be challenged in court. If there were any violations of your rights during your arrest or testing process, then you may be able to file pre-trial motions to suppress evidence, weaken the prosecution’s case, or even seek a dismissal of the charges being levied against you.
Plea Negotiations
Plea negotiations can offer an alternative to a trial. During this stage, you may engage in discussions with the prosecution to explore the possibility of a plea deal. This might involve pleading guilty to a lesser charge, which can lead to reduced penalties.
Our attorneys’ expertise in negotiation can be crucial during this phase. We will work diligently to achieve the best possible outcome that aligns with your interests.
Trial Preparation
If negotiations do not lead to a resolution, then your case will proceed to trial. This is where our team’s meticulous trial preparation comes into play. By reviewing the evidence thoroughly and understanding the nuances of your case, our lawyers will be equipped to formulate your defense strategy and challenge the prosecution’s arguments effectively.
Trial
The trial itself is a formal legal process in which both sides present their cases before a judge or jury. The prosecution will attempt to prove your guilt beyond a reasonable doubt, often relying on the evidence gathered during your arrest and subsequent investigation.
Our lawyers’ role is to cast doubt on this evidence, cross-examine witnesses, and present an alternative perspective that raises questions about your alleged offense. We will use our courtroom experience to craft a compelling narrative and highlight any inconsistencies in the prosecution’s case.
Verdict and Sentencing
Following the trial, the judge or jury will deliver a verdict of guilty or not guilty. If you are found guilty, the case will move to the sentencing phase. Sentencing for a drunk/drugged driving conviction in New Jersey can be influenced by various factors such as prior convictions, the level of intoxication at issue, and any aggravating circumstances.
Penalties for DWI may include fines, mandatory attendance at alcohol education programs, community service, probation, license suspension, or even jail time. Thankfully, the team at our firm can help advocate for the most lenient sentence possible by presenting mitigating factors and arguing for alternatives to harsh penalties.
Appeals and Post-Trial Options
If you are dissatisfied with the trial outcome, then you may have the option to pursue an appeal. Appeals involve challenging the verdict on the basis of legal errors that occurred during the trial.
When preparing an appeal, you must thoroughly review the trial proceedings and identify any mistakes that could have affected the outcome. If substantial errors are found, then the appeal process will aim to rectify these issues and potentially result in a new trial or a reduced sentence. Successfully navigating the appeals process requires an in-depth understanding of appellate law and a strategic approach to presenting your case to higher courts.
How Long Does a DWI Trial Take to Complete in New Jersey?
The duration of a DWI trial in New Jersey can vary widely depending on factors such as case complexity, court availability, and the number of witnesses involved. On average, a DWI trial in New Jersey may take several days to a few weeks to reach a conclusion, encompassing the various stages of the trial process, including jury selection, evidence presentation, witness testimonies, and closing arguments.
Contact Our DUI and DWI Defense Attorneys for Help with Your Case in New Jersey
Get support from our NJ DWI/DUI defense lawyers today by calling the Law Offices of John J. Zarych at (609) 616-4956.
