3 Common DWI Misconceptions
If you have been charged with a DWI, you may be worried about your chances in court. Our experienced New Jersey DUI lawyer explains 3 common DWI misconceptions.
3 Common DWI Misconceptions | Refusing the Breathalyzer
If you are arrested for a DWI, you may refuse the breathalyzer under the assumption that the police will have no evidence against you. The law in New Jersey breaks DWIs down into a couple of different theories for the state or for the prosecutor.
If you refuse to undergo a breathalyzer test, the state still has the opportunity to prosecute you with the common law or observation DWI. In this case, the police officer testifies about your basic condition and comments on how you were operating the motor vehicle. The police officers will generally comment about whether or not you were driving erratically, carelessly, or recklessly. Very often they need to establish elements called observations. These observations include bloodshot and watery eyes, odor of alcohol, or unsteady feet.
The other issue with a refusal is that you’ll receive a separate summons for refusal, which can and should be challenged. It does carry its own penalties, which include suspensions of driving privileges and, if you’re licensed in the state, suspension of your driving license. While refusals may have certain advantages, they certainly have some disadvantages.
3 Common DWI Misconceptions | Pulling Over to the Side of the Road
Sometimes if a person driving knows he or she is intoxicated, they may pull over to the side of the road to wait it off. However, you can still be arrested for a DWI. Here, we find an issue of operation or concept of operation. This is something the state must prove. Because you’ve pulled over to the side of the road, it becomes an issue in any DWI case.
This is not an open and shut case to the advantage of the motorist because of many issues, like: how did the motorist get to that location? Was he intoxicated when he drove there? What information did the motorist give to the police officer? Did somebody else drop him off? Did he drive to that location? Was he intoxicated when he drove there? Did he drive to that location sober and drink in the car?
The issue of operation is a legal term that the statute and the case law discuss. It must be analyzed on an individual basis.
3 Common DWI Misconceptions | Being Honest with the Court
If you have been charged with a DWI in New Jersey, you may feel it is best to just come clean in court, tell them about your drinking habit, and admit that everything you did was wrong. Perhaps the court will understand your honesty and go easy on you. It’s obviously good to be honest. However, when you’re charged with a DWI, it’s best to have a New Jersey DWI Lawyer and to rely on the confidentiality between you and your attorney.
Therefore, honesty between you and your attorney is absolutely critical, encouraged, and protected. Going into court on your own and simply stating you did it isn’t going to garner any advantages. It’s likely to lead to a conviction either by plea or at trial. Therefore, it’s good to be honest, but it should be in the right format. That format exists between you and your attorney.
If you are worried about these common DWI misconceptions, please contact our experienced New Jersey DUI lawyer today for a free consultation.