Standardized Field Sobriety Tests in Brick, NJ
An Brick Police Officer may stop a motorist for any traffic violation. No matter what the initial reason was for being pulled over, the officer may develop a reasonable suspicion that the driver has been drinking and driving. This suspicion may be aroused if the officer believes that the driver may have ingested alcohol or drugs. This can come from a host of scenarios such as smelling alcohol on your breath or being told you are coming from a bar or restaurant. If the the officer suspects that the driver is impaired or under the influence of liquor or drugs, he or she may request the driver to submit to a series of standardized field sobriety tests (SFST's). There are three scientifically validated tests which have been studied and approved by the National Highway Traffic and Safety Administration (NHTSA). It has been found that if administered properly, these three tests are fairly reliable predictors of whether a driver's blood alcohol content (BAC) is high enough to affect the motorist's ability to drive. The officer uses the results of these tests to determine if there is probable cause to arrest a motorist for DWI and take him or her to the police station for further testing.
Refusal to Take Breathalyzer Tests In A Brick DUI Case
If you are suspected of driving while intoxicated in Brick, New Jersey, you may be asked to submit to a breath test to determine your blood alcohol content (BAC). BAC is used to measure the amount of alcohol found in your blood stream. It can also be known as blood alcohol concentration, blood alcohol level or blood ethanol concentration. Many factors influence an individual's blood alcohol content, including weight, gender, the amount of food in your stomach, and your metabolic tolerance. If an individual is suspected of drunk driving and given a breath test, they will be charged with driving while intoxicated if they are found to have a BAC of .08% or higher. A driver will often be written a charge for DWI even if the reading is below a .08%.
When you get your driver's license in New Jersey you give implied consent for this test. Therefore, although you may refuse to perform a field sobriety tests on the road without risking additional citations, if you refuse a breath test following a DWI arrest, you will incur automatic penalties under New Jersey's refusal statute. If you are found guilty of refusing to submit to a breath test, you will be subject to a license suspension for a period of seven months and one year. You will also be required to install an ignition interlock device in your vehicle for a minimum of six months and a max of one year after serving your license suspension and undergo the Intoxicated Driver Resource Center (IDRC) program. There are certain defenses which can be explored to avoid the mandatory penalties and they depend on the particulars of your case and whether it is a first or subsequent offense.
Contact an Experienced Brick DWI Attorney
If you have been charged with DWI in Brick Township, you should contact an experienced local DWI lawyer immediately. The DWI defense attorneys at Villani & DeLuca, P.C. can discuss your options with you and will work to make sure that your rights are being protected. If you have been charged with driving while intoxicated or refusal, call our Brick Township Municipal Court lawyers for a free consultation at (732) 965-3999.