Imagine that you are pulled over for a simple traffic violation, like speeding or failing to signal. While the fine is annoying, that shouldn’t be a life-changing event. Nearly all drivers receive traffic violations at some point in their lives.
Unfortunately, it isn’t always that simple. That traffic violation can spiral out of control if the officer who pulled you over suspects you are guilty of a DUI. Instead of getting a ticket or a warning, you could end up in handcuffs, facing criminal charges. How and why does that happen?
How a Traffic Stop Turns Into a DUI Arrest
A police officer in New Jersey may only pull you over if they reasonably suspect that you violated a traffic regulation. For example, if you don’t completely stop at a stop sign, and a police officer witnesses this, they can immediately pull you over.
However, that doesn’t mean they are limited to only giving you a ticket for running a stop sign. Once they have detained you, they have the authority to charge you with any crime or infraction they become aware of during their interactions with you.
This is particularly relevant to DUI offenses. Even if the police officer didn’t initially suspect you were intoxicated based on your driving, they may become suspicious when they pull you over. If the police officer witnesses any of the following, they may suspect you are driving intoxicated:
- Smell of drugs or alcohol in your car or on your breath
- Slurred speech
- Bloodshot eyes
- Drug paraphernalia in your vehicle
- Open alcohol containers in your car
Furthermore, open alcohol containers aren’t just something that may cause the police officer to become suspicious that you are driving while intoxicated. It is also a separate criminal violation in New Jersey.
You could be arrested for driving with an open container, which could later turn into an arrest for a DUI based on your behavior while in the custody of the police officer.
Refusing to Submit to a Breath Test
If a police officer suspects that you are driving under the influence, they will likely require you to submit to a breath test. Technically, you may refuse to take a breath test. However, if you refuse to submit to a breath test, you will be penalized.
This penalty happens because of implied consent regulations. Based on these regulations, simply by using New Jersey public roads, you implicitly agree to consent to a breath test when a police officer has a legitimate reason to request that you take one. The penalty for refusing is at least a seven-month license suspension and a $300 fine.
Additionally, your insurance company will charge you at least $1,000 extra each year for three years, and you will be required to install an ignition interlock device for at least six months after your license is restored. These additional penalties can be devastating, even if the temporary suspension wasn’t too harmful.
Finally, refusing to submit to a breath test won’t necessarily prevent you from being arrested for a DUI. If the police officer has enough evidence to justify an arrest, even without knowing your BAC, you will likely face DUI charges. The penalties for refusing a breath test and a DUI conviction will stack.
What to Do When a Traffic Stop Spirals Into a DUI Arrest
In some ways, you are at greater risk when a traffic stop becomes a DUI arrest than you are when you are pulled over for a suspected DUI. If the officer suspects you are driving under the influence, they are likely to immediately make you aware of that by asking questions related to drinking. However, the same isn’t true for a traditional traffic stop.
If you think it is a normal traffic stop, you might be inclined to chat with the police officer or admit your mistake, hoping for leniency. This could result in you saying something that could be used to support a DUI charge against you.
From the moment you realize that the police officer suspects you are under the influence, you should stop talking and ask to consult with a lawyer. The less you say, the better. And if you ask for a lawyer, the police can’t interrogate you until one is present.
Contact the Law Office of Steven Ellman
Were you arrested on DUI charges after a routine traffic stop? Contact our law firm immediately to protect your rights.
