When you get arrested for driving under the influence (DUI) in New Jersey, you have clear legal rights—and asserting your legal rights effectively can be critical to your defense. If police or prosecutors have violated your legal rights, proving the violation could entitle you to a “Not guilty” verdict (or even a pre-trial dismissal) regardless of whether you were drunk behind the wheel. Learn more from an experienced New Jersey DUI defense lawyer at Helmer, Conley & Kasselman, P.A.:
You Have the Right to Only Be Stopped Based on “Reasonable Suspicion”
With limited exceptions for sobriety checkpoints conducted in compliance with New Jersey law, the police can only stop you if they have “reasonable suspicion.” This could be reasonable suspicion that you are driving under the influence or that you are guilty of another traffic violation or criminal offense—but the police must have some legitimate reason for pulling you over. Profiling is illegal, as is pulling someone over simply to look for a way to issue a ticket or make an arrest.
You Have the Right to Only Be Arrested for “Probable Cause”
Once the police conduct a lawful traffic stop, they can only make an arrest if they have “probable cause” to believe that a traffic violation or crime has been committed. This probable cause could be based on your erratic driving, your physical appearance, failing the breathalyzer or field sobriety tests (FSTs), or other evidence—but “probable cause” is a higher standard than “reasonable suspicion.” Making a DUI arrest without probable cause is unlawful, and it can provide grounds to seek dismissal of your DUI charge in court.
You Have the Right to Remain Silent
When the police pull you over in New Jersey, you have the right to remain silent. While you are required to provide your driver’s license, proof of insurance and vehicle registration to the officer upon request, you are not required to provide any other information.
Additionally, once the police detain you, they must read your Miranda rights—including your right to remain silent—before interrogating you in custody. If they fail to do so, this can provide grounds to have any statements you made after being detained suppressed from your DUI trial.
You Have the Right to Refuse the Field Sobriety Tests (FSTs)
In New Jersey, you have the absolute right to refuse the FSTs. The police cannot force you to take the FSTs under any circumstances. Of course, this won’t stop them from asking—and, if you consent to taking the FSTs (even if you didn’t know you had the right to refuse), police and prosecutors can use your test results against you. However, there are several issues with the FSTs, and this means that there are several defenses an experienced New Jersey DUI defense lawyer may be able to assert on your behalf.
You Have the Right to Be Told How to Take the FSTs and the Breathalyzer
When administering the FSTs and the breathalyzer during a DUI stop, the police are legally required to explain how to take each of these tests. If the police fail to provide an adequate explanation—and if you “fail” any of the tests as a result—this could provide a defense in your DUI case as well.
You Have the Right to Be Told About the Consequences of Refusing the Breathalyzer
While taking the FSTs is not mandatory, you are required to take the breathalyzer during a DUI stop under New Jersey’s “implied consent” law. However, in order for this requirement to apply, the police must administer your blood alcohol concentration (BAC) test “in accordance with the [implied consent law].” Among other things, this means that the police must explain the consequences of refusing to provide a BAC sample—which include being charged with a DUI refusal.
You Have the Right to Know the Prosecution’s Evidence Against You
Once you have been arrested and charged with DUI, you have the right to know what evidence prosecutors intend to use against you in court. Your New Jersey DUI defense lawyer can request this evidence on your behalf, and then your lawyer can help you decide how best to proceed. If prosecutors withhold relevant evidence despite your lawyer’s request, this could prevent them from using the evidence against you.
You Have the Right to Know if Exculpatory Evidence Exists
In addition to knowing what evidence prosecutors intend to use against you, you also have the right to know if any exculpatory evidence exists. Here, you are not required to make a request—prosecutors must turn over any material exculpatory evidence on their own. If they fail to do so, this could also provide you with a defense against your DUI charge.
You Have the Right to Seek a Plea Bargain
Under a 2024 change to New Jersey’s DUI laws, you now have the right to seek a plea bargain in your drunk driving case. Prosecutors don’t have to negotiate, but they will often be willing to do so. If you do not have strong grounds to fight your DUI charge, seeking a plea bargain could be your best option for minimizing the consequences of your arrest.
You Have the Right to Legal Representation
Finally, you have the right to legal representation. You do not have to handle your DUI case on your own. From determining whether police or prosecutors have violated your legal rights to representing you in court, there are several critical ways an experienced New Jersey DUI defense lawyer can help you. While there are no guarantees, hiring an experienced lawyer to handle your case will often be the most cost-effective option available.
Discuss Your Case with an Experienced New Jersey DUI Defense Lawyer in Confidence
If you need to know more about your legal rights after a drunk driving arrest in New Jersey, we strongly encourage you to get in touch. Call 877-435-6371 or contact us online to schedule a confidential consultation with an experienced New Jersey DUI defense lawyer today.
