Unfortunately, New Year’s Eve is a popular night when it comes to drinking and driving. Many people go to parties to ring in the New Year and make the decision to drive home drunk afterward. In order to combat this, police may set up sobriety checkpoints. These checkpoints are meant to deter drinking and driving. For example, it can be assumed that an individual will be less likely to drink and drive if he or she knows he will be stopped by police. Additionally, they are meant to catch those who are engaging in the act of drunk driving. Read on to learn more about these checkpoints in New Jersey.
Are sobriety checkpoints legal?
You may be wondering about the legality of sobriety checkpoints. Since the police cannot stop you without reasonable suspicion, is it fair to randomly stop cars at these checkpoints? According to NJ.gov, “The U.S. Supreme Court in 1990 (Michigan v. Sitz) upheld the constitutionality of sobriety checkpoints. The Court held that the interest in reducing alcohol-impaired driving was sufficient to justify the brief intrusion of a sobriety checkpoint. If conducted properly, sobriety checkpoints do not constitute illegal search and seizure in most states.” So, yes, these checkpoints are legal in New Jersey.
What are the consequences of a DUI?
A first offense DUI charge with a blood alcohol concentration (BAC) between .08-.09% in New Jersey, will likely result in the following penalties:
- A license forfeiture of 30 days
- Will will have to spend up to 48 hours at the New Jersey IDRC
- You may face up to 30 days of incarceration
- A $500 fine
- You will have to install and use the ignition interlock device for between 3 and 6 months, at your own cost
What do I do if I am facing DUI charges?
If you are stopped at a sobriety checkpoint and charged with a DUI, you will need the help of an experienced criminal defense attorney. A skilled attorney may be able to have your charges lowered or even dropped.
Reach out to our firm today to discuss your case. The sooner you reach out, the sooner we can begin building your case.
Contact our experienced New Jersey firm
Thomas DeMarco & Associates, LLC is an experienced Camden County criminal defense law firm located in Mt. Ephraim, New Jersey. We understand how potentially damaging a criminal can be, which is why we pride ourselves on our willingness to fight for our client’s rights. Our firm handles all criminal matters and is ready to provide you with our knowledgeable legal counsel. Do not hesitate to contact our firm to discuss your legal situation.
