How to Handle a DWI/DUI Stop in New Jersey: Do's and Don'ts

The DO’s and DONT’s when you are stopped for a DWI/DUI

What you do and how you act could make the difference whether you are found guilty or not guilty of a DWI or DUI.  Of course, there are many factors that will determine whether or not you will be found guilty to a DWI or DUI charge, but there are many things that can be done to increase your odds of being convicted of a DWI.

The things that you should DO if you are stopped for a suspected DWI or DUI…

1. Do have your license, registration and insurance card readily available.  The reason for this is because police are looking not only to see if you provide them the correct documents, but they are also looking to see if you are “fumbling” to get obtain these documents.
2. Do submit to a “pat down” search (if requested), handcuffing and/or arrest. 
3. Do ask for a lawyer, especially if you are being questioned by police.
4. Do be polite, calm, cooperative and courteous.
5. Do blow into the breath machine if you are arrested for DWI or DUI. The penalty for refusing to blow into the breath machine may be equal to or greater than that for drunken driving, and is in addition to the penalty for drunken driving.
6. Do go to a hospital or doctor as soon as you are release to have you blood alcohol level (BAC) measured to see if the alcohol level obtained by the police is consistent with what the laboratory results show for your BAC level.
7. Do remember that you do not need to answer ANY question that the police ask of you. If you answer a question which at first seems harmless, be aware that it may be used against you at a later date
8. Do, if you are physically injured by the police during the course of your arrest, seek medical attention and inform your medical providers of the cause of your injuries. Take photographs of your injuries as soon as possible.
9. Do hire a lawyer as soon as possible who handles DWI and DUI matters on a regular basis.

These are the things that you DON’T do when you are stopped for a suspected DWI or DUI…

1. Don’t do any field sobriety tests or any balance tests if you are stopped by the police.  There is no penalty for refusing to do these types of tests.  (Do not get this confused with a breath sample that must be given after arrest.)
2. Don't answer police questioning, other than basic background information, such as name and address.
3. Don’t volunteer information or engage in small talk.
4. Don’t make jokes or try to make “light” of the situation.
5. Don't assume that the police have a search warrant, ask to please see it.
6. Don't argue with the police, as it will only worsen the situation.
7. Don't initiate any physical contact with the police.  Any seemingly innocent touching could result in further criminal charges.
8. Don't give the police any reason to find you threatening.  
9. Don’t keep your hands in your pockets or appear to be hiding something.
10. Don't run away from police. Running away may give the police reason to suspect that you are hiding something.
11. Don't interfere, resist or obstruct the police in their job duties.  If you do, you may face additional charges.
12. Don't allow the police to listen in on any telephone conversations that you may have.
13. Don't speak to the police about anything before your attorney arrives and talks to you first.
14. Don't sign anything, no matter what it is, without an attorney being present.
15. Don't say anything if your attorney advises you to remain silent.
16. Don't agree to participate in a line-up without your attorney being present.
17. Don't lie to the police and/or your attorney.

If you are charged with a DWI or a DUI, it's always a good idea to talk to a DUI lawyer about your case. Getting legal advice can make a big difference, and often, obtaining competent legal representation can save you a lot of time and money in the long run.