An arrest for alleged driving while intoxicated (DWI) in New Jersey has serious consequences, even before charges are filed or the case goes to trial. A driver could face license suspension and other administrative penalties that are largely separate from the court procedures for a DWI case. He or she also may face a charge of refusal to submit to chemical testing, and in some cases courts have held that simply not blowing hard enough into a breathalyzer machine could support a refusal conviction. Certain other criminal charges are common in alleged DWI cases, some of which could significantly increase the penalties that a prosecutor might seek in court.
Other Traffic Charges
Many, possibly most, DWI cases begin when a police officer pulls a driver over. An officer must have reasonable suspicion that a traffic offense has occurred for any evidence collected during the traffic stop to be admissible in court. If the officer can prove that he or she witnessed the driver violate a traffic law, such as by speeding, running a red light, or changing lanes without signaling, the stop is probably supported by reasonable suspicion. An officer also may pull over a car if it appeared that the driver was impaired based on how he or she was driving. Once the stop is underway, other evidence, like the “smell of alcohol” so often cited in court, may support a DWI charge.
Since a DWI arrest often originates with another alleged traffic violation, it stands to reason that DWI cases often involve other traffic charges. Many of these are minor offenses, like failing to use a turn signal or avoiding a traffic light, while others, such as driving with a suspended license, are relatively more serious. Even if a driver can prove that he or she was not drinking, he or she could face charges for careless or reckless driving. Continue reading →