"DWI-Did You Know"
The following are the most common DWI-Did You Know facts, tips and techniques:
Not all DUI arrests result in a DUI conviction.
Allowing an intoxicated person to drive your vehicle in a New Jersey municipality like Piscataway or South River, for example, is an offense.
Moped drivers are subject to DUI laws.
Prosecutors cannot dismiss a DUI charge even if the defendant cooperates with police on a drug case.
DUI defendants are not entitled to trial by jury because the maximum period of incarceration that they face is six months.
If a defendant provides police with false identity a court like in Spotswood, New Jersey or North Brunswick, New Jersey, for instance, may change the ticket against the defendant at any time.
Statements made by a defendant during routine roadside questioning are not considered a custodial interrogation.
Hence, the need by the police to warn the individual of his or her right to remain silent (Miranda warning) is not required.
If more than 10 years lapsed between DUI offenses then the subsequent offense is treated as a first offense for sentencing purposes.
Although there are no motor vehicle points assessed for a DUI conviction insurance companies assess points on the insurance policy for future rate quote determination.
A prior conviction for a refusal charge cannot be used to impose an enhanced penalty for a subsequent conviction although enhanced penalties are imposed for a refusal if there was a prior drunk driving conviction.
The state does not have to prove intent in a DUI case because a this offense is not considered criminal in New Jersey but rather is treated as a quasi criminal (traffic offense) violation.
Hence, involuntary intoxication, duress, or entrapment are not a defense to this offense.
If, however, the police actually ordered an intoxicated person to drive they cannot arrest him or her for DUI.
Each shot of liquor, glass of wine or mug of beer raises your BAC an average of .02 percent.
A defendant sentenced to jail after a DUI conviction may spend at least half the time in a work release program and even in an inpatient rehabilitation program.
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