Even the most innocent person will admit that a police stop makes them nervous, and that is because uncertainty puts anyone on edge. The flashing lights, uniformed officers and random questions are enough to make anyone’s palms sweat. The fear of saying the wrong thing because of panic further adds to the stress.
Even if you never drink and drive, you should mentally prepare in case police pull you over
Are sobriety checkpoints legal?
Many people think that sobriety checkpoints in New Jersey can feel invasive, but the U.S. Supreme Court has ruled them constitutional as long as the police conduct them according to strict guidelines. Note that compliance is conditional on certain requests.
What are your rights at a checkpoint?
You need to be aware of what is acceptable and what is not in these police stops. Here are your rights that matter most:
- You must show the police officers your license, registration and insurance, but you do not have to tell them what your plans are for the night or if you have been drinking.
- Refusing to walk a line or balancing on one leg may raise suspicion, but it is not illegal. It is your protected right to undergo these tests, meaning the police cannot force you to do it.
- Police who arrest you for DWI in New Jersey may ask you to take a breath test.. You do have the right to refuse, but it comes with severe and mandatory penalties.
- There is no need to be rude to assert your rights. Escalating the situation when you are talking to polite officers will not do you any good.
Remember that sobriety checkpoints exist to deter and catch drunk drivers, so do not take them personally. If you are not doing anything wrong, you have nothing to be afraid of.
Why calling a lawyer is essential
A DWI charge from a checkpoint can affect your license, job and even your future. If you’re facing charges, a DWI defense attorney can review if the stop complied with the guidelines and fight to protect your rights if it did not. In the meantime, remember you have the right to remain silent, so let your lawyer do the talking for you.