10 Ways to Fight a DUI in New Jersey

ELIZABETH, New Jersey. Have you been arrested for a DUI in Elizabeth, New Jersey? Under N.J.S.A. 39:4-50(a) individuals can be arrested for appearing to operate a motor vehicle while under the influence of drugs, or if the driver is found to have a blood alcohol concentration of 0.08% or more. The consequences of a first-time DUI conviction in New Jersey can be serious. You could face fines up to $400, face jail time, lose your driver’s license for 3 months, and face other penalties. The collateral consequences of having a DUI on your record can also be high. A DUI can impact your ability to work certain jobs, can increase your insurance rates, and can impact your ability to access certain federal programs. If you have been arrested for a DUI in New Jersey, it is important to understand that you are innocent until proven guilty. The DWI lawyers in Elizabeth, New Jersey at the Law Office of Eric M. Mark can assist you with fighting your DWI. Every case is unique, but here are some ways you may be able to fight your DWI in Elizabeth, New Jersey:

1. Remain silent. If you are being questioned for a DWI, you only need to provide officers with your identification, registration, proof of insurance, and tell them your name. Otherwise, tell the police that you would like to speak to your lawyer and that you are asserting your right to remain silent.
2. Pull over to a safe spot. Officers must have a legal reason to pull you over. If you are signaled to pull over, drive slowly, signal, and find a safe place to stop. Ideally, find a well-lit area where you and the police officer won’t be at risk of being hit by traffic.
3. You do not have to say yes to any search. According to the ACLU, you do not have to consent to any search of your car or belongings. Police sometimes use their power to get individuals to consent to a search. Be aware of your rights.
4. You are not required to consent to field sobriety tests before arrest. Tests that require you to walk on a straight line or ask you to touch your nose are not required. You can say no. Research has found that these tests are not always reliable indicators that a person is drunk. Furthermore, if you have certain medical conditions, officers could wrongly believe you are drunk.
5. Stay calm if you are arrested. If you are arrested, try to remember all details of what happens. Did police read you your Miranda rights? Were you asked questions? How did you answer? Details of the circumstance of your arrest could help your case later when you speak to your DWI lawyer.
6. Only take implied consent tests after asking to speak to your lawyer. Under the law, you are required to submit to blood or breath tests if you have been arrested for a DWI. However, always ask to speak to your lawyer, like the New Jersey DWI attorneys at the Law Office of Eric M. Mark.
7. Be aware that you will be monitored at all times after your arrest. Anything you say or do after your arrest or while you are in jail can be admitted as evidence against you.
8. Don’t resist arrest. Be calm. Ask to speak to your DWI lawyer.
9. When making phone calls to family or friends, don’t discuss what happened. Anything you say can be recorded and monitored.
10. Talk to a qualified DWI lawyer in Elizabeth, New Jersey. The Law Office of Eric M. Mark are DWI attorneys who can review the details of your case and fight to help you get the best possible outcome permitted under the law.

NEWARK OFFICE
Address: 201 Washington St.
Newark, NJ 07102
Phone: (973) 453-2009
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JERSEY CITY OFFICE
By Appointment Only
121 Newark Ave., Suite 515
Jersey City, NJ 07302
Phone: (201) 713-2227