Where your traffic stop and subsequent DUI arrest happen can affect the outcome of your case. However, going to a bar or restaurant isn’t illegal, even if you were drinking. As such, this fact by itself isn’t enough to justify a drunk-driving arrest or conviction.
Police officers must have a legitimate reason for the traffic stop. If they fail to articulate one, you’ll have a strong defense against your DUI charges, potentially resulting in a dismissal or acquittal.
How DUI Arrests Happen
You can violate New Jersey’s DUI law in two ways. First, it’s illegal to operate a motor vehicle while under the influence of drugs or alcohol. “Under the influence” means the drugs or alcohol affected your driving abilities or judgment.
Second, it’s unlawful to operate a motor vehicle with a blood alcohol content (BAC) over 0.08%. If you’re caught driving over the legal limit, you’ve committed a DUI even if you didn’t violate any traffic laws or drive unsafely. Simply driving with an illegally high BAC is enough to warrant charges.
In most cases, DUI arrests occur when a police officer sees a driver commit a traffic violation, such as speeding, weaving, hitting the curb, or running a stop sign. The officer can investigate whether the driver is intoxicated during a traffic stop.
In some cases, an officer will make an arrest while responding to a crash. As part of a post-crash investigation, the responding officer can assess whether any of the drivers were impaired.
In either case, officers will usually start by looking for physical signs of intoxication, such as bloodshot eyes or slurred speech. They can also use the location of the stop to aid in their investigation. If the stop or collision occurred close to a bar, the officer may reasonably suspect that the driver had been drinking.
The officer may continue their investigation by asking the driver to perform a field sobriety test or blow into a Breathalyzer device. The results of these tests are often the final element of the investigation. If the driver fails, the officer will have enough evidence to arrest them.
Is Leaving a Bar or Restaurant Enough to Justify a Traffic Stop?
The driver’s location when the officer begins investigating may be relevant to forming a suspicion about the driver’s condition. However, location can’t be the only reason for the investigation.
Under the Constitution’s Fourth Amendment, the police must have probable cause to investigate you for a crime. “Probable cause” means a reasonable suspicion that you’ve committed a crime.
Your proximity to a bar or restaurant generally isn’t enough to provide probable cause to stop you. It’s possible that you didn’t drink anything while at the establishment, or that you had a little bit to drink but not enough to violate DUI laws.
The police can’t determine this simply by watching you exit the bar or restaurant. Instead, they’ll need something else to go on.
If you caused an accident or violated a traffic law after leaving the establishment, officers would have probable cause to initiate an investigation. However, without that additional element, they would likely violate the Fourth Amendment by stopping you just because they saw you exit a bar or restaurant parking lot.
Disputing Probable Cause After a New Jersey DUI Arrest
After you’re arrested, you’ll be booked into jail. The length of your stay will depend on your condition and the specific charges against you. For a first-time DUI where you sober up fairly quickly, you may be released on bond after a few hours. If you’re a repeat offender or you caused a DUI accident, you may be held until your arraignment.
In either case, your DUI defense lawyer’s first chance to raise the issue of probable cause will be during a preliminary hearing. In other words, you’ll need to go through the first few steps of the process, including being arrested and booked, even if the traffic stop was improper.
However, once your lawyer has a chance to dispute probable cause, the remedy could be a dismissal of your case.
More specifically, if the arresting officer’s only ground for stopping you was that they spotted you leaving a bar or restaurant, the judge may rule that the police lacked probable cause for the traffic stop and dismiss your charges, even if the subsequent investigation found that you failed a field sobriety or breath test.
Contact Attorney Steven Ellman for Help Fighting Your DUI Charges
Beating DUI charges can involve challenging the reason for the arresting officer’s suspicion that led to your traffic stop. Contact attorney Steven Ellman today to learn more about how he can help you overcome DUI charges stemming from a flawed investigation.
