The holiday season ought to be a time to celebrate with loved ones. Sometimes, though, people who celebrate too much can run into increased driving while intoxicated (DWI) enforcement by New Jersey police. More cars might be out on patrol, or police may use roadside checkpoints to look for impaired drivers. Drivers on New Jersey roads should be aware of the state’s DWI laws, police enforcement, and what they should do if they are arrested for DWI during the holiday season.
Do DWIs Increase During the Holidays?
According to the National Highway Traffic Safety Administration (NHTSA), the period from Thanksgiving to New Year’s Day often sees an increase in DWI across the country. It bases this on the rate of fatal accidents that involve intoxication.
Does DWI Enforcement Increase During the Holidays?
Police throughout New Jersey and the rest of the nation step up DWI enforcement efforts during the holidays. The NHTSA’s “Drive Sober or Get Pulled Over” campaign includes increased DWI enforcement from early December through January 1. State and local police departments, including police in New Jersey, often participate in this campaign. The NHTSA provides grants that pay for officer overtime to focus on DWI enforcement.
Many New Jersey police departments have joined a campaign known as “Goal Zero,” which will include increased DWI enforcement during the holidays. This will reportedly include patrols both before and during the Thanksgiving weekend.
Know Your Rights During a Holiday DWI Stop
When a police officer stops a vehicle, they must have reasonable suspicion that the driver has committed a traffic offense or done something else illegal. For example, an officer can stop a vehicle that they see driving erratically or running a stop sign or red light. If an officer does not have reasonable suspicion, a DWI defense lawyer may be able to prevent prosecutors from presenting any evidence that police got from the traffic stop. This can result in dismissal of the case.
Sobriety checkpoints are a different story. Police may conduct random stops of vehicles without any specific suspicion of wrongdoing, but they must do so at a fixed location for a limited time period. They can stop a vehicle and briefly question a driver. If they see signs of intoxication, such as slurred speech or the odor of alcohol, they investigate further, such as field sobriety tests or breath testing.
DWI Has Immediate Consequences During the Holidays
A charge of alleged DWI can have immediate consequences that are inconvenient at any time, but especially during the holidays. Suspected DWI typically results in a trip to the police station, followed by breath testing with an Alcotest device. If the police arrest you for suspected DWI, you may end up in jail. The police may release you without bond. They will give you a notice with a court date.
If the police do not release you, you must request bail from a judge. Holiday hours may result in fewer available judges, which can lead to more time in jail.
A DWI arrest at a sobriety checkpoint or elsewhere can ruin the holidays for you and others. It is a serious traffic offense under New Jersey law that can have significant and long-lasting consequences. You need an experienced DWI attorney who can guide you through the legal process and advocate for you with prosecutors and before the court. Evan Levow has dedicated 100% of his law practice to defending people charged with DWI in New Jersey courts. Please contact us at (877) 593-1717 or online today to schedule a free and confidential consultation with a member of our team.