Prompt Service. Professional Representation. Ethical Defense.
  1. Home
  2.  » 
  3. DWI
  4.  » How do I avoid going to jail if I’m driving tipsy?

How do I avoid going to jail if I’m driving tipsy?

On Behalf of | Apr 29, 2022 | DWI

We all know we should not drink and drive, but that is not always possible due to unforeseen circumstances. This means that if one is driving tipsy and gets pulled over, the fear of a New Jersey DUI is real. The first question when those lights come on is, what now?

The first interaction is now

First, breathe and stay calm. Just because one is tipsy does not mean that is the reason they are being pulled over. Oradell cops pull over people for a lot of reasons unrelated to one’s perceived tipsiness. But it is important to make sure that this initial interaction goes well because this is where a potential police report begins. Find a safe place to pull over. After one pulls over, before turning on the car, roll down the windows and turn on the interior lights. The driver should keep their hands at 10 and 2, and passengers should keep their hands visible. Do not make sudden movements or reach for anything.

Once the interaction begins

When the officer approaches the driver’s window, they will immediately ask for the license, insurance and, if needed, registration. Hand this information over. At this point, other than the driver identifying themselves, no other interaction is required. It is everyone’s constitutional right to remain silent, and we do not even have to say we are invoking it to invoke it. Though, if one is uncomfortable staying silent, it is okay to say they are invoking their right to remain silent.

What if the driver wants to talk?

It is usually not recommended to engage with the New Jersey police officer during traffic stops. However, if one does so choose, do not lie or provide fake or false identification. Both can be used against them at subsequent court proceedings, and each could be the basis of a separate crime. Keep in mind that everything said during all interactions with state and federal agents is admissible in court.

What if they ask to take a Blood Alcohol Concentration test?

New Jersey is an implied consent state. This means that, if one is utilizing the roads, they consent to BAC tests. This does not mean that the driver will be physically forced to take the BAC test. Instead, it means that if the driver refuses, there are consequences, like driver’s license suspension. One option is to ask for a blood test, which will take longer to administer and need to be done at the police station.