In New Jersey, most drivers have to abide by a legal limit of 0.08%. When a police officer gives the driver a breath test, their blood alcohol concentration (BAC) should be below this level. If it’s not, they can be arrested and the court can presume that they were...
How far can law enforcement officers follow a person whom they suspect of driving while under the influence? Can they follow them to their home and into their garage? A New Jersey woman argued that when Sussex County police did that to her back in 2019, they violated...
Each year, many otherwise law-abiding citizens find themselves charged with driving under the influence (DUI) of alcohol. If they plead guilty or are convicted, that one slip-up will result in serious consequences for them, including a criminal record. If the police...
If the police have reasonable suspicion of drunk driving, they may have grounds to stop you and perform alcohol testing. If your blood alcohol concentration is 0.08% or more, you may be charged with drunk driving. If this happens and you have a minor, a passenger...
Certain types of law enforcement encounters are not voluntary. Someone who sees the flashing lights of a police cruiser behind them in traffic generally needs to pull over for a traffic stop. However, other enforcement actions give drivers an opportunity to make a...
Prosecutors in New Jersey generally need strong evidence to develop a criminal case. Even seemingly straightforward infractions, like driving under the influence (DUI) charges, can occur because of a misunderstanding. Therefore, the state needs evidence that proves...
The police have many tools they can use to determine if a driver is drunk. One of the first things the police may do is ask a driver to do a field sobriety test. The National Highway Traffic Safety Administration (NHTSA) has sanctioned three field sobriety tests. But,...
It’s a stressful place to be when you’re facing the possibility of a third conviction for DUI. You know that the possible penalties are going to be more serious than you’ve dealt with before and the impact is going to be far-reaching. Your career, driving license,...
We've all been there. You're driving down the road, minding your own business, when a police car pulls up behind you out of nowhere with its lights flashing. You suddenly have the urge to explain yourself and proclaim your innocence. However, trying to talk your way...
Suppose a police officer pulls you over and suspects you’re under the influence of a substance. In that case, they may ask you to take a Breathalyzer. The results of a Breathalyzer indicate how much alcohol is in your blood, which tells the office if you’re over the...
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