New Jersey DUI/ DWI Checkpoints Law

December 11, 2018

New Jersey DUI/DWI Checkpoints Law

Every year around the holidays, there are some New Jersey police departments that set up DUI Checkpoints. DUI Checkpoints are designed to protect the public against drunk drivers. However, it should be noted that other traffic tickets can be issued as well. Traffic tickets such as failure to exhibit a driver’s license, tinted windows, unclear plates and/or no registration can be issued at DUI Checkpoints.

WHAT HAPPENS AT A DUI CHECKPOINT?

When arriving at a DUI Checkpoint, a driver can expect the police to ask for a driver’s license and proof of registration. If, at that time, the police officer believes that the driver is exhibiting signs of impairment due to alcohol (or drugs),then the police officer will likely ask the driver to complete a field sobriety test. Impairment signs may include: bloodshot eyes, slurred speech, difficulty with or fumbling around with the registration card or a driver’s license, and/or the smell of alcohol emanating from the vehicle. A driver has the right to refuse a field sobriety test. However, if the police have reason to believe that the driver is impaired by alcohol or drugs, an arrest for DUI will probably occur regardless of a field sobriety test. After an arrest is made, the driver will be required to undergo a breathalyzer test at the police station.

IS DRIVING AROUND A DUI CHECKPOINT PERMITTED?

Believe it or not, this is allowed. However, a driver attempting to avoid the DUI Checkpoint must not violate any traffic law. In addition, a driver attempting to avoid a DUI Checkpoint must not show any signs of impairment in doing so.

If you have any further questions regarding DUI Checkpoints in New Jersey, do not hesitate to contact me at: dsloan@sloanlawfirmnj.com or visit my website at: https://sloanlawfirmnj.com.

Thank you for reading.