Driving under the influence (DUI) is a serious offense in New Jersey with potentially severe consequences. However, before an arrest can be made, the police must establish probable cause. In this article, we will explore the key factors that law enforcement officers must establish to have probable cause for a DUI arrest in New Jersey, along with the relevant statutes that govern DUI offenses in the state.
What Is Probable Cause For A DUI Arrest?
Probable cause refers to the reasonable belief that a crime has been or is being committed, based on facts and circumstances. In the context of a DUI arrest, it means that the police must have sufficient evidence to reasonably believe that a driver was operating a vehicle while under the influence of alcohol or drugs.
Specifically, under Section 39:4-50 of the New Jersey Revised Statutes, probable cause for a charge of driving while intoxicated (DWI) would typically be based on specific facts and circumstances indicating that the driver was operating a motor vehicle while under the influence of intoxicating liquor, a narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration (BAC) of 0.08% or more.
The statute provides several scenarios that may establish probable cause for a DWI charge, including:
- Operating a motor vehicle while under the influence of intoxicating liquor, narcotics, hallucinogenic or habit-producing drugs.
- Operating a motor vehicle with a BAC of 0.08% or more by weight of alcohol in the defendant’s blood.
- Permitting another person who is under the influence of intoxicating liquor, narcotics, hallucinogenic or habit-producing drugs to operate a motor vehicle owned or controlled by the defendant.
- Permitting another person with a BAC of 0.08% or more to operate a motor vehicle.
In each of these situations, if a law enforcement officer has reasonable grounds to believe that the driver meets any of these criteria, it may establish probable cause to initiate a traffic stop, conduct sobriety tests, and potentially make an arrest for DWI.
Can The Smell Of Alcohol Establish Probable Cause?
Yes, the smell of alcohol on a driver’s breath can contribute to establishing probable cause for a DUI arrest. In New Jersey, the odor of alcohol alone may provide a basis for further investigation by law enforcement officers. However, it is important to note that the smell of alcohol alone is not conclusive evidence of impairment.
What Are The Field Sobriety Tests And Their Significance?
Field sobriety tests are standardized tests conducted by police officers to assess a driver’s level of impairment. These tests include the Horizontal Gaze Nystagmus (HGN) test, Walk-and-Turn test, and One-Leg Stand test. While performance on these tests can contribute to probable cause, they are not definitive evidence of intoxication. The results of these tests are subjective and can be influenced by various factors, such as physical conditions or nervousness.
Are Chemical Tests Required For Probable Cause?
Chemical tests, such as breathalyzer or blood tests, are not always required to establish probable cause for a DUI arrest. However, if an officer has reasonable grounds to believe that a driver is under the influence, they may request a chemical test to gather additional evidence. Refusing to submit to a chemical test in New Jersey can result in penalties, such as license suspension and fines, under the state’s implied consent laws.
Other Factors Considered For Probable Cause
In addition to alcohol odor, field sobriety tests, and chemical tests, there are other factors that police may consider when establishing probable cause for a DUI arrest. These factors can include erratic driving behavior, slurred speech, bloodshot eyes, open containers of alcohol in the vehicle, or the presence of drugs or drug paraphernalia.
Challenging Probable Cause
A DUI lawyer may challenge probable cause in various ways to challenge the validity of a DWI arrest. Here are a few common strategies used:
Challenging The Initial Traffic Stop
If the officer lacked reasonable suspicion to initiate the traffic stop in the first place, the lawyer may argue that the stop was unconstitutional. For example, if there was no valid reason for the officer to believe that a traffic violation or other wrongdoing had occurred, the stop may be deemed unlawful, and any evidence obtained thereafter, including observations of impairment, may be suppressed.
Questioning The Officer’s Observations
The lawyer may challenge the officer’s observations of the driver’s behavior and physical appearance, such as bloodshot eyes, slurred speech, or unsteady movements. They may argue that these observations were subjective, unreliable, or not indicative of intoxication, providing alternative explanations for the observed behaviors.
Contesting The Results Of Field Sobriety Tests
Field sobriety tests (FSTs) are commonly used to assess a driver’s impairment. A DUI lawyer may challenge the administration or interpretation of FSTs, arguing that they were improperly conducted, influenced by external factors (e.g., poor weather conditions), or that the driver’s performance was affected by factors unrelated to impairment, such as fatigue or a physical condition.
Attacking The Accuracy Of Chemical Tests
If the driver submitted to a breathalyzer or blood test, the lawyer may challenge the accuracy or reliability of the testing equipment, the handling of samples, or the qualifications of the individuals involved in the testing process. They may also question the validity of the test results, considering factors like potential contamination or the presence of interfering substances.
Assessing The Officer’s Training And Experience
A DUI lawyer may evaluate the officer’s training and experience in identifying signs of impairment. If there are deficiencies or inconsistencies in the officer’s training, it may weaken the argument for probable cause and cast doubt on the officer’s ability to accurately assess intoxication.
Understanding The Legal Limits For DUI In New Jersey
In New Jersey, the legal limits for DUI are as follows:
- Blood Alcohol Concentration (BAC) of 0.08% or higher for drivers aged 21 and over.
- BAC of 0.04% or higher for commercial vehicle drivers.
- BAC of 0.01% or higher for drivers under the legal drinking age of 21.
What Are The Specific Statutes Related To DUI In New Jersey?
The specific statutes related to DUI in New Jersey include:
- N.J.S.A. 39:4-50: Operating a motor vehicle under the influence of alcohol or drugs.
- N.J.S.A. 39:4-50.2: Refusal to submit to a breathalyzer test.
- N.J.S.A. 39:4-50.4a: Driving under the influence in a school zone.
Seek Legal Assistance If Charged With DUI In New Jersey
If you or someone you know has been charged with a DUI offense in New Jersey, it is crucial to seek legal assistance from experienced DUI defense attorneys. The Law Offices of Jonathan F. Marshall are dedicated to protecting the rights of individuals facing DUI arrests and charges. Our knowledgeable attorneys can assess the circumstances of your case, challenge the evidence against you, and advocate for the best possible outcome. Contact our firm for a free consultation and expert guidance in navigating the legal process.
