What Are a Driver’s Rights During a New Jersey DWI Investigation?
The Bill of Rights and New Jersey law protect various rights of drivers suspected of driving while intoxicated (DWI). Knowing your rights may help you make informed decisions about what to do — and what not to do — if the police pull you over. Violations of your legal or constitutional rights by police could give you defenses that you can raise in court. The following is an overview of your rights during a New Jersey DWI investigation.
The Right to Freedom from “Unreasonable Searches and Seizures”
The Fourth Amendment prohibits police from searching a person or their property, seizing property, or detaining a person without a warrant issued by a court. Many exceptions to this rule exist, but police must demonstrate that an exception applies.
Police Must Have Reasonable Suspicion to Stop Your Vehicle
When a police officer pulls your car over on the road, they must be able to show that they had a reasonable basis for suspecting a traffic violation or other offense, such as if they witnessed you running a stop sign or driving erratically.