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DUI/DWI

Recent Posts in DUI/DWI Category

  • 3 Tips to Avoid Disorderly Conduct Charges on Halloween

    Halloween 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 ...
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  • Is Marijuana Odor Probable Cause for a Warrantless Search in NJ?

    Warrantless 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. ...
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  • 3 Ways to Best Prevent a DUI on Labor Day

    Tips 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 ...
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  • Falsely Positive Breathalyzer Tests

    Drugs & 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 ...
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  • 5 Steps to Follow When Stopped by Police

    Avoid 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 ...
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  • Public Intoxication in New Jersey

    Public 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 ...
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  • Can You Sleep In Your Car While Drunk?

    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?

    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?

    In 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 ...
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  • What you Need to Know About New Jersey's Open Container Law

    Every 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 ...
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  • Millions of Americans Drive Under the Influence of Pot

    According 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 ...
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  • How Police Detect Drunk Drivers

    In 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 ...
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  • What Factors Affect Your BAC Level?

    After 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 ...
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  • When Can the Police Pull You Over for Suspected DUI?

    The 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 ...
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  • Common DUI Myths, Explained

    After 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 ...
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  • An Overview of New Jersey Drunk Driving Penalties

    Driving 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 ...
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  • The Three Commonly Accepted Field Sobriety Tests

    When 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 ...
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  • What is "Probable Cause?"

    Law enforcement can’t arrest you and charge you with driving under the influence on nothing more than a whim or a gut feeling. In fact, the Fourth Amendment of the Constitution forbids this practice. So in order to actually make an arrest and legally charge someone with a crime like DUI, they must first establish what is known as “probable cause.” Let’s take a closer look at this concept and how ...
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  • Handling Your DUI with a Past Conviction

    Most people worry about being pulled over for a DUI for the 1 st time, never mind the 2 nd or 3 rd time. Those who have been convicted of driving under the influence (DUI) in the past have the most to worry about, as criminal conviction of each subsequent DUI increases the punishment level. A 2 nd , 3 rd , or even 4 th conviction means offenders are afforded far less leniency by the court. These ...
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  • Will I Lose My Commercial Driver’s License If I Get a DUI?

    Commercial motor vehicle (CMV) drivers face much more severe penalties for driving under the influence (DUI) than the average passenger vehicle driver. Likely, this severity is the result of the vehicles they drive. CMVs such as big rigs can weigh anywhere from 10,000 to 80,000 pounds. If a driver loses control of a CMV, he or she can cause extensive amounts of damage to other drivers and ...
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  • DUIs & Employment Background Checks: What You Should Know

    One of the biggest reasons you should fight to avoid a conviction of driving under the influence (DUI) is to avoid the consequences of having a criminal record. A DUI conviction, even an impaired driving charge that doesn’t end with a sentence, can negatively affect your career. This adverse effect can particularly harm offenders who hold a commercial driver’s license (CDL) or who usually drive as ...
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  • Five Tips to Avoid a DUI This Summer

    Summer is full of celebrations. In addition to the popular Memorial Day, Labor Day, and Independence Day holidays, lots of New Jersey residents choose to enjoy the warm weather with barbecues, pool parties, and other get-togethers with family and friends. These numerous occasions mean lots of alcohol will be consumed over the next several months, and that means law enforcement will be increasing ...
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  • Can a NJ Defendant Claim Insanity for a DWI?

    A driving while intoxicated (DWI) charge can lead to some severe penalties in the state of New Jersey. As such, many defendants and defense attorneys have pursued a variety of defenses when facing a DWI criminal charge. One of the potential defenses for any crime is the insanity defense, or whether or not a defendant was incapable of understanding the wrongful nature of their conduct at the time ...
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  • A Guide to DWI License Suspensions in New Jersey

    Arguably one of the most devastating consequences of an arrest for driving under the influence (DUI) or driving while intoxicated (DWI) is the resulting driver’s license suspension. As if the threat of criminal consequences and expensive fines were not reason to worry enough, losing one’s driving privileges can be devastating to a person’s mobility and hinder their ability to travel to places such ...
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