Was Your Atlantic County DWI Stop Legal?

The Fourth Amendment protects United States citizens against illegal searches and seizures. The protections apply to any place where an individual has a reasonable expectation of privacy. Generally, a person’s home is given the greatest safeguards, while more exceptions apply to vehicle searches. Our DUI/DWI defense attorney sheds light on some common misconceptions regarding Fourth Amendment rights.

You Didn’t Break Any Traffic Laws

You may believe that your DWI stop was unjustified if you did not break any traffic regulations. A police officer can pull you over if they have a reasonable suspicion of any criminal activity. Even if you did not run a red light, fail to yield right-of-way, or break any rules of the road, you may have been exhibiting signs of intoxication. This may include swerving, braking erratically, or straddling between lanes. Any behavior that gives law enforcement reasonable suspicion that something is wrong can be sufficient grounds for a traffic stop.

Narcotics Dogs Were Used During Your Traffic Stop

New Jersey police are using narcotics dogs more frequently at traffic stops to confirm suspicion of contraband. The police may have a narcotics dog sniff the exterior of a vehicle during a lawful traffic stop. The use of a narcotics detection dog is permitted even if the officer does not suspect that any of the vehicle occupants have committed criminal activity, provided the sniff does not unreasonably prolong the stop beyond the time needed to address the original traffic violation.

You Were Charged with a DWI During a Sobriety Checkpoint

New Jersey law permits DWI checkpoints, but strict regulations must be followed. A DWI checkpoint involves law enforcement designating a location where they will stop drivers and assess their sobriety. A DWI checkpoint does not violate your constitutional rights, as the Supreme Court ruled that the public-safety benefit justifies the inconvenience to drivers.

In New Jersey, DWI or sobriety checkpoints must be systematic and planned, such as stopping every third vehicle. Although sobriety checkpoints are legal in New Jersey, the supervising officer must be present, law enforcement must notify the public in advance, and clear signage must be posted. You are not allowed to turn around or make a U-turn to avoid a DWI checkpoint. If an officer suspects you are intoxicated, you must submit to a breath or blood test under the state’s implied consent law.

The Officer Conducted a Pat-Down During Your Traffic Stop

A common misconception is that officers may conduct a pat-down of a driver or passenger at any routine traffic stop without any basis for doing so. That is not the case. Under Terry v. Ohio, a pat-down requires reasonable, articulable suspicion that the person is armed and dangerous. An officer cannot frisk a driver or passenger simply because a stop is taking place.

That said, if an officer observes signs of intoxication during a DWI stop, such as the smell of alcohol, slurred speech, or erratic behavior, those observations may provide the reasonable suspicion needed to justify a pat-down. If you believe a frisk was conducted without any legitimate basis, that is a potential Fourth Amendment issue our Atlantic County DUI/DWI defense attorney can examine.

Were Police Justified in Ordering Field Sobriety Tests?

In New Jersey, police must have a reasonable and articulable suspicion that a driver is under the influence before ordering field sobriety tests. This standard is lower than probable cause and can be met when an officer observes specific facts, such as the odor of alcohol, nervous behavior, or inconsistent statements, that reasonably suggest intoxication. Courts have held that these tests are part of an investigative detention rather than a formal arrest, meaning officers may conduct them when these observations justify further investigation. Cases such as State v. Bernokeits and State v. Green have affirmed that field sobriety testing is lawful when supported by these articulable facts.

Charged with a DWI? Speak with Our Atlantic County DUI/DWI Defense Lawyer Today

Privacy protections are granted by both the Constitution and New Jersey law, with the Garden State expanding individuals’ rights. These protections are of concern to many of us, especially as law enforcement has increased its vigilance. If you have recently been charged with a DWI after a traffic stop, LACE Law would like to speak with you. We will review the facts and gather information to determine if any Fourth Amendment violations occurred.

To schedule a consultation with our Atlantic County DUI/DWI defense attorney, contact us online or by phone at (609) 225-4065 today.