Recent Posts in DUI/DWI Category
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Is a Marijuana DWI Considered as Serious as an Alcohol-Related One?
Posted By Brickfield & DonahueIn popular culture, marijuana usage is often portrayed in a more casual light than taking hard drugs or drinking alcohol. Because of this, when people think of incidents involving someone driving while intoxicated or impaired (DWI), the first thing to come to mind is usually drunk driving. In addition, the way marijuana use is portrayed also impacts how marijuana DWIs are viewed. In many cases, a ...Continue Reading -
How a DWI/DUI Conviction Can Affect Your Car Insurance
Posted By Brickfield & DonahueWhen you are convicted of a DWI/DUI , you can expect there to be financial consequences. Not only will your car insurance rates increase but you will also face multiple financial penalties as a result of your conviction. The Financial Consequences of a DUI Conviction If you are convicted of a DUI in New Jersey, the penalties vary based on whether this is a first-, second-, or third-time offense. ...Continue Reading -
DWI with a Minor Passenger in New Jersey
Posted By Brickfield & DonahueA DWI conviction in New Jersey can result in harsh criminal penalties, such as fines, driver’s license suspension, and potentially jail time. However, if you are pulled over for drunk driving with a child in the vehicle, you could face more serious consequences. According to state law, it is a “disorderly persons offense” to drive while impaired with a minor who is 17 years old or younger in the ...Continue Reading -
No License Suspension for Most First DUI Offenders in NJ
Posted By Brickfield & DonahueAs of December 1, 2019, most first-time DWI offenders in New Jersey will not have their driver’s licenses suspended. However, anyone who is convicted of drunk or drugged driving must install an ignition interlock device (IID) in their vehicle(s). According to updated DWI laws, if a first offender is convicted of a DWI with a blood alcohol concentration (BAC) of below .15 percent, license ...Continue Reading -
How Does Drug Court Work in NJ?
Posted By Brickfield & DonahueWhat Is Drug Court? Drugs and alcohol are significant factors in the commission of crimes. People suffer altered states of mind and poor judgment skills when under the influence of drugs and alcohol, causing them to do things they otherwise wouldn’t do if they were sober, such as committing crimes. The state of New Jersey recognizes that it’s important to address the root of these problems, which ...Continue Reading -
New York Legalizes Recreational Marijuana
Posted By Brickfield & DonahueCannabis Laws in New Jersey vs. New York: Know the Difference As of March 31, 2021, New York became the 15 th state to legalize recreational marijuana for adults age 21+. This is significant, as pot smokers could face little to no consequences for using cannabis in the Empire State. As such, any adult who is 21 and over can use and possess marijuana in New York. Although New Jersey legalized ...Continue Reading -
What to Do at a DUI Checkpoint
Posted By Brickfield & DonahueHow Do You Handle a DUI Checkpoint? Sobriety checkpoints function to help detect and arrest drunk drivers while deterring other drivers from committing DUI. The perceived risk of arrest has a strong influence on people’s decisions, as these checkpoints are highly visible, publicized, and conducted regularly in many cities. The thought of getting caught at a DUI checkpoint is enough to convince ...Continue Reading -
Recreational Marijuana Is Now Legal in New Jersey
Posted By Brickfield & DonahueRecreational Marijuana Legalized In NJ: What It Means for You On February 22, 2021, New Jersey made history as Governor Phil Murphy signed three cannabis reform bills into law. These bills legalize and regulate adult-use cannabis and possession as well as decriminalize marijuana and hashish possession . In addition, one of the bills reduces the penalties for underage possession of marijuana . ...Continue Reading -
3 Tips to Avoid Disorderly Conduct Charges on Halloween
Posted By Brickfield & DonahueHalloween is full of activities, whether they be costume contests, trick-or-treating, pranks or parties. That is why people do not waste the opportunity to make the most of this beloved holiday by participating in the fun. But sometimes, Halloween activities can come to an abrupt halt when actions and behaviors get “out-of-hand.” Maybe someone had too much to drink, a Halloween prank went awfully ...Continue Reading -
Is Marijuana Odor Probable Cause for a Warrantless Search in NJ?
Posted By Brickfield & DonahueWarrantless Searches Under The “Plain Smell” Doctrine Marijuana use continues to be a widely debated topic in the US. In New Jersey, recreational marijuana has yet to be legalized, although its medical counterpart was passed into law in 2010. Qualified medical marijuana patients can access a variety of marijuana treatments but must be cautious when transporting such items in their vehicles. ...Continue Reading -
3 Ways to Best Prevent a DUI on Labor Day
Posted By Brickfield & DonahueTips for Labor Day Weekend 2020 The National Safety Council (NSC) estimates 390 people may die on US roads this Labor Day holiday period. Falling on the first Monday of September, Labor Day is a national federal holiday that celebrates the social and economic achievements of American workers, who enhance the strength, prosperity, and well-being of our country. While Americans use this opportunity ...Continue Reading -
Falsely Positive Breathalyzer Tests
Posted By Brickfield & DonahueDrugs & Alcohol Aren’t the Only Causes of a DUI Breathalyzer tests are notoriously unreliable. Besides faulty test administration and defective equipment, several external and underlying factors can interfere with your breathalyzer test results and produce a false positive. Thus, it’s important to be aware of the factors that could put you at risk for a DUI charge: Medications : Prescription ...Continue Reading -
5 Steps to Follow When Stopped by Police
Posted By Brickfield & DonahueAvoid Further Trouble at All Costs Whether it’s your first time getting stopped by the police or not, interacting with them can be intimidating. Their presence alone is enough to provoke anxiety in some people, but when they stop you because they’re suspicious of your actions, your conduct could make or break you. One wrong move could cost you your freedom, or even your life. It doesn’t matter if ...Continue Reading -
Public Intoxication in New Jersey
Posted By Brickfield & DonahuePublic Drinking at Your Own Risk As summertime approaches, you may be eager to relax by the pool, enjoy barbeques and soak up the sun with a drink in hand. While it is more than acceptable to enjoy your summer, especially after suffering months of quarantine due to COVID-19, you must also keep something in mind. Unlike many states, public intoxication in New Jersey isn’t illegal . Now, this ...Continue Reading -
Can You Sleep In Your Car While Drunk?
Posted By Brickfield & DonahueContinue Reading
You leave the bar sometime after midnight. You don’t want to order an Uber or leave your car. At the same time, you know you’re unsafe to drive. Is it safe to sleep in your car while drunk? Definition of DUI In New Jersey, law enforcement does not need to witness you driving under the influence to charge you with a DUI. The only need evidence needed is the reasonable assumption that you recently ...
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Can a Breathalyzer be Wrong?
Posted By Brickfield & DonahueContinue Reading
Whenever you get behind the wheel of a car, you give “implied consent” to submit to a breathalyzer. Blow a high number, and you face charges. Refuse, and you might face other penalties. But what happens if a medical condition gives the breathalyzer a false reading? Can a breathalyzer be wrong? Ketosis A strict ketogenic diet is one of the top causes of false breathalyzer readings. As your body ...
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Is Buzzed Driving Drunk Driving?
Posted By Brickfield & DonahueIn the United States, most everyone knows that driving with a blood alcohol concentration of .08 or higher is illegal. Alcohol consumption impairs your thinking, reasoning, and muscle coordination, which are all vital when operating a vehicle. This law is put in place for the safety of everyone who is on the road. But is it the same for buzzed driving? Consider this hypothetical scenario: After ...Continue Reading -
What you Need to Know About New Jersey's Open Container Law
Posted By Brickfield & DonahueEvery driver should be aware that driving under the influence of alcohol is illegal. However, the laws behind open containers are less obvious, which can get people into legal trouble if it’s ever found in their vehicle. If you get pulled over, and there’s a half-full bottle of alcohol in the backseat, it won’t matter if you exclaim, “I didn’t drink any!” to the police officer. Today, our DUI ...Continue Reading -
Millions of Americans Drive Under the Influence of Pot
Posted By Brickfield & DonahueAccording to a recent report by the Centers for Disease Control and Prevention (CDC), approximately 12 million Americans admit to driving under the influence ( DUI ) of marijuana in 2018. In addition, about 2.3 million claimed they operated a vehicle while under the influence of cocaine, methamphetamine, and other drugs. If you break those numbers down to percentages, 4.7 percent of Americans ...Continue Reading -
How Police Detect Drunk Drivers
Posted By Brickfield & DonahueIn order to make a traffic stop for suspected DUI , law enforcement must have “reasonable suspicion” that a crime has occurred, is currently happening, or will happen soon. But what makes officers initially become suspicious? Remember, the police do not have the right to just stop a vehicle based on a gut feeling or hunch. Rather, they must have a reason to pull someone over, often established by ...Continue Reading -
What Factors Affect Your BAC Level?
Posted By Brickfield & DonahueAfter a DUI arrest, police officers will ask you to take a chemical test to determine your blood alcohol content (BAC) or the amount of alcohol in your bloodstream. If your BAC level is at least .08 percent, you can be charged with drunk driving in New Jersey. There are several factors that affect a person’s BAC, which include the following: Body type – In general, the more a person weighs, the ...Continue Reading -
When Can the Police Pull You Over for Suspected DUI?
Posted By Brickfield & DonahueThe National Highway Traffic Safety Administration (NHTSA) compiled a list that consists of more than 100 visual cues to help law enforcement identify suspected drunk drivers. The list is broken down into four distinct categories: speed and braking problems, judgment issues, vigilance problems, and issues staying within a driving lane. Speed & Braking Problems Intoxicated motorists experience ...Continue Reading -
Common DUI Myths, Explained
Posted By Brickfield & DonahueAfter an enjoyable night out spent enjoying a drink or two, you may have found yourself wondering how you can “sober up” and make yourself less drunk without waiting it out. Despite various misconceptions about drinking and how you can get alcohol out of your system, the truth remains the same. If you have been pulled over on suspected DUI, everything you do from that moment forward will determine ...Continue Reading -
An Overview of New Jersey Drunk Driving Penalties
Posted By Brickfield & DonahueDriving while under the influence of drugs or alcohol is illegal in the United States, with each state having their own laws restricting and penalizing this action. New Jersey’s laws are particularly stringent, carrying a number of different possible penalties ranging from fines to possible jail time, and much more. While a DUI conviction is normally considered a misdemeanor, they are taken ...Continue Reading -
The Three Commonly Accepted Field Sobriety Tests
Posted By Brickfield & DonahueWhen you are pulled over or stopped at a sobriety checkpoint on suspicion of driving under the influence, the smell of alcohol is often not enough to warrant establishment of probable cause, which is mandatory in order to legally make an arrest. Instead, officers will usually turn to other tools that are specifically designed for the job: field sobriety tests. A field sobriety test is a task ...Continue Reading
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