| In the year 2003, deaths in the United States resulting | | | | drive after consuming the intoxicant. A person who |
| from alcohol-related motor vehicle crashes totaled | | | | realizes that he has consumed too much alcohol and |
| 17,013. This works out to 40% of all traffic accident | | | | decides to sleep it off in his car can also be at risk of |
| deaths! The enormity of the problem in New Jersey | | | | arrest. In such cases the problem is that when he |
| can be gauged by the fact that during a crackdown | | | | wakes up he might feel sober and drive, but the BAC |
| on the menace between 8/19/2005 and 9/5/2005, 583 | | | | could still be adverse. |
| people were arrested for Driving While Intoxicated | | | | The police are under no compulsion to read out the |
| (DWI). | | | | Miranda rights to the suspect during roadside |
| Intoxication can be either from alcohol or from other | | | | questioning. If an enforcement officer waves you |
| substances, which can even include certain prescription | | | | down, stop as soon as possible. Trying to make a |
| medicines. Whether a person feels that he can hold his | | | | dash home will lead to further trouble. |
| liquor is immaterial. If caught driving with a Blood Alcohol | | | | Sometimes a successful defense can be made by |
| Content (BAC) of 0.08% or more, he is in serious | | | | exploiting lacunae in the arrest procedure or |
| trouble. New Jersey DWI laws are very specific, and | | | | contradictions in the state's case. For instance, the |
| the enforcement officers have vast powers. | | | | police vehicle may be fitted with a video camera. The |
| A driver can be arrested even without the | | | | arresting officer perhaps doesn't always refer to the |
| Standardized Field Sobriety Test. But in such instances | | | | video while making his report. This can lead to |
| the state has to prove that there was sufficient | | | | inconsistencies, which may be to the defendant's |
| reason to take the person into custody. The police can | | | | benefit. |
| arrest a driver who has an open liquor bottle in his car, | | | | The best policy is not to drive while intoxicated. If |
| parked or otherwise. Here the probable cause, which | | | | caught, be polite to the police, and contact a good |
| again the state has to prove, would be intention to | | | | lawyer as soon as possible. |