What You Need to Know if a Police Officer Tells You to Get Out of Your Vehicle During a New Jersey Traffic Stop

“Please step out of the vehicle” is among the most frightening phrases a person can hear during a traffic stop. It could mean that the police officer suspects driving while intoxicated (DWI) and wants to look for signs of impairment. It is important to know your rights under state law and the U.S. Constitution. This post offers an overview of what a police officer looks for when you leave the vehicle, and what you can do to protect your rights.

New Jersey DWI Law

New Jersey defines DWI as operating a vehicle while impaired by alcohol or drugs. Police and prosecutors can prove that you were impaired in two ways:
– You had blood alcohol content (BAC) of 0.08 percent or more; or
– You displayed other signs of intoxication by alcohol or drugs.
Police usually use breath testing to establish a person’s BAC. The second method of proving DWI requires police officers to observe you and testify about what they saw. Asking you to get out of the vehicle lets them make more observations about your appearance and behavior.

Traffic Stops and Requests to Step Out of the Vehicle

The U.S. Supreme Court determined that police can briefly stop a vehicle based on reasonable suspicion of an offense in Terry v. Ohio in 1968. Once the vehicle has stopped, they can observe how the driver behaves and anything that is in view inside the car. If an officer smells alcohol, sees an open container in the vehicle, or notices other signs of impairment, they can continue a DWI investigation.

A 1977 Supreme Court decision, Pennsylvania v. Mims, held that police can order a person to exit their vehicle for safety reasons. If an officer reasonably suspects that the person has committed an offense, they may investigate.

What Police Officers Look for When Someone Steps Out of Their Vehicle

Once an officer has told you to get out of your vehicle, they are observing everything you do, including:
– How you move and stand;
– Whether you slur your speech or trip over words;
– Whether you can keep your attention on the officer; and
– Whether you smell like alcohol or show other signs of impairment.
The officer might ask you to perform field sobriety tests, or they might just ask questions to see how you react. Their observations during this time are often a key part of their testimony in a DWI case.

What You Can Do to Protect Your Legal Rights

You cannot refuse breath testing under New Jersey law. The Mims decision means you cannot refuse to exit the vehicle without penalty. You can protect your rights in other ways, though:
– Do not say too much: Once you are out of the vehicle, it is unlikely that you can talk your way out of a ticket or an arrest. It is usually better to keep your answers as brief as possible.
– Know your rights: You can refuse field sobriety tests. You can invoke your Fifth Amendment right to remain silent.
– Ask for a lawyer: You have the right to speak to an attorney when the police have detained you. Take advantage of that right as soon as possible.

DWI is a serious offense in New Jersey. An arrest or conviction can have a significant impact on your life. A knowledgeable and experienced DWI attorney can guide you through the legal process and advocate for your rights. Evan Levow has dedicated 100% of his law practice to DWI defense. Please contact us today online or at (877) 593-1717 to schedule a free and confidential consultation with a member of our team.