New Jersey DUI Checkpoints

 

DUI checkpoints in New Jersey involve the police setting up roadblocks at predetermined fixed locations and stopping cars to see if they can find anyone operating their vehicle under the influence of alcohol or drugs. If anyone is found to be intoxicated, they will be arrested and charged with a DUI.

 

However, actually arresting people for drunk driving isn’t seen as the primary reason for DUI checkpoints in New Jersey. In fact, compared to roaming patrols, these checkpoints are actually far less efficient at charging people with DUIs. Where officials believe they are more valuable is in the amount of attention DUI checkpoints bring to drunk driving and the state’s DUI laws.

 

New Jersey DUI checkpoints are generally large, highly visible operations that are publicized well in advance of the event. When motorists learn of them, they may think twice about drinking and driving in a way that a traditional roaming patrol wouldn’t make them, since they will perceive a higher risk of getting caught at the checkpoint.

 

DUI Checkpoints Are Legal New Jersey?

 

In a 5 to 4 decision in the 1990 Michigan v. Sitz case, the U.S. Supreme Court ruled that DUI checkpoints are in fact legal in the United States, arguing that the intrusion into people’s lives – which many still believe to be a violation of the Fourth Amendment’s protection against illegal search and seizure – was justified by the public good done through removing drunken drivers from the road and potential decrease in driving under the influence caused by raising awareness.

 

New Jersey is one of 39 states that continue to abide by this ruling today, so DUI checkpoints are considered legal as long as they follow the guidelines set down by the state. Some things a New Jersey DUI attorney might look into to determine whether a particular roadblock meets with these guidelines include:

 

• How long each driver was stopped at the checkpoint
• Did police take steps to ensure the safety of motorists?
• How were the location, timing, and duration of the checkpoint determined
• Whether the police used a specific formula to determine which drivers to stop
• Where field sobriety tests were performed, and who conducted them
• Where chemical tests were given, and who conducted them.
• Was advance notice of the checkpoint provided to the public?
• Did the checkpoint have official lights, warning signs, and uniformed personnel?
• Were drivers turned away from the roadblock without being detained?

 

If You Come Across a DUI Checkpoint in New Jersey

 

The first thing you need to know is that you have the legal right to turn away and find another route before you come upon the checkpoint. A driver simply seeking an alternate route is not enough of a reason for New Jersey police to detain you. However, if you decide to do this, make sure that you are careful to obey all traffic laws and only execute a legal traffic maneuver. Breaking a traffic law to avoid the checkpoint is a sure way to get the police to pull you over.

 

If you choose to go through the DUI checkpoint, above all remember to remain calm and polite when dealing with the officer so that you’ll pass the so-called “attitude test.” You want to come to a complete stop and lower your window to speak with them. Be careful about lowering it too much, because part of their job is to lean into the window to sniff out alcohol and look for signs of intoxication. The officer will likely ask for your name, address, license, and registration info, and you should have this information ready to provide it to them. Most likely, they will just take a look at this and let you drive on. But if they do continue to ask questions beyond this, however, such as where you’ve been and whether or not you’ve been drinking – don’t answer!

 

You are not required to answer anything besides personal contact information, so simply decline in a polite manner any questions beyond those. If you answer some questions and then refuse others, it can seem like you’re hiding something, so a blanket refusal to answer is best. If the officer persists, you can always say that you would like to speak to a lawyer.

 

At this point, you might be asked to take a field sobriety test. Refuse this as well. You are not required to take it, and most DUI attorneys in New Jersey will tell you that they are designed for you to fail – especially since your results are determined by the subjective opinion of the officer administering it! The only thing you’re doing if you agree to take this test is giving the prosecution more evidence to use against you.

 

New Jersey DUI Checkpoints: After You Are Arrested

 

Just like you would for any other kind of arrest, the first thing you should do is tell the police you want to speak to a New Jersey DUI lawyer, then refuse to answer any more questions. Since everything you say can be used to build a case against you, remaining silent at this point is your best defense.

 

At this point, you will probably be asked to submit to a blood alcohol test. Don’t worry too much if you take it and fail. There are any number of reasons why the machines these tests are run on might give false positive readings, and an experienced DUI attorney in New Jersey will be able to walk you through ways that he or she might get the test thrown out of court.

 

If you have been charged with a New Jersey DUI and want to go over your options, contact a qualified New Jersey DUI lawyer today.