Tuesday, February 10th, 2009
1. Don/t drink and drive under any circumstances!
However if you find you have alcohol on your breath and you are stopped by a police officer the following may prove helpful.
2. Always be respectful of the officer.
Don’t try to be smart, cute or clever. You can’t outsmart the officer or talk him out of what he is going to do. Produce your driver license and insurance card. Stay calm! Don’t answer any questions at any time. Keep your mouth shut. Respectfully tell the officer that you are not going to answer any of his questions at any time under any circumstances.
3. Don’t allow the officer to conduct any field tests on you.
Field Sobriety Tests in New Jersey are voluntary, this means you are not required by law to take them — No Matter What the Police Officer Tells You. This includes eye tests, balance tests, finger tests, questions and answers. Respectfully tell the officer that you will not consent to any of his field tests or answer any questions.
4. Don’t take a preliminary breath test (PBT).|
This is a test that is usually given with a small hand held device on the roadside. There is no legal requirement to take this test, so don’t take it under any circumstances. The police officer will say something to you to the effect that he “just wants to check to see if you are ok” and that it is not admissible in court. What he doesn’t tell you is that he can use the test in deciding whether to arrest you for DWI. Don’t take this test!
5. Do take the breath test, and/or consent to a blood test.
If you refuse to take these test(s) your driver license will be suspended for one year. This test can only be administered after you have been placed under arrest. Some police will tell you that you are under arrest. While some police won’t.
