Every week, local and national newspapers are full of headlines about people getting arrested for drunk driving, drugged driving, and driving while high. And if there is one common theme about who lands in the news, it’s that anybody can be arrested and land in the news for DUI and DWI – from politicians to police officers to celebrities and professional athletes – no one is too important to be arrested for intoxicated driving. No one is above the law.

Police Officers Are Under Strict Observation

Years ago, police officers may have been more willing to let a driver off with a warning if he or she were pulled over for drunk driving – especially if nobody got hurt. Now, as a result of the modern requirement that police officers and law enforcement film all encounters with civilians, police officers are under strict observation. Anyone who is pulled over that shows any sign of intoxication will likely be arrested.

Even if a police officer does not know for certain if you are drunk, he or she will most likely err on the side of caution and bring you into the station for a breathalyzer test. In order to arrest a driver, a police officer does not need to know that you are drunk with 100% certainty. Rather, he or she need only have probable cause to believe that you were driving drunk.

Once you are brought into the station, the breath test will be the best evidence to confirm whether or not you are guilty of drunk driving. As we often remind our readers here on the Edward M. Janzekovich law blog, it is illegal to refuse to take a breath test in New Jersey. Refusing to submit to a breath test is a quasi-crime just like DUI and DWI, and carries the same or harsher penalties.

Recent NY Politician Arrested for DUI

The recent arrest of New York State Assembly minority leader, Brian Kolb (R), on New Year’s Eve is the perfect example of how nobody is above the law.

Ironically, Senator Kolb had recently written an article warning readers not to drink and drive during the holiday season, specifically recognizing the National Drunk and Drugged Driving Prevention Month, which we previously highlighted on the Edward M. Janzekovich law blog.

Senator Kolb was subsequently involved in a one-vehicle accident with no injuries, and he was subsequently arrested by Ontario County Sheriff’s Office. A breathalyzer test revealed that his blood alcohol concentration was above the legal limit of .08% – the same legal level as in New Jersey. Senator Kolb then issued an official policy to his friends, family and constituents.

New Jersey Police Officers Arrested for DUI and DWI

Recent headlines have also demonstrated that New Jersey sheriff’s officers, police officers, and other law enforcement officers are in the same boat. Even if you work in an official capacity for the government, it is unlikely that you will be given any special treatment or leeway when pulled over. Many times, an arresting officer will be even more strict in enforcing the rules against a fellow officer, so that there will be no appearance of impropriety, unfair treatment, or official misconduct.

Unfortunately, when you work in an official capacity, the statutory penalties for DUI or DWI may be the least of your worries. Your career may also be severely affected by a loss of license or by rules that prohibit employees from receiving any such convictions.

Here, at the Edward M. Janzekovich law blog, we understand how devastating a DUI or DWI can be for anybody. That’s why we believe everybody is entitled to effective representation from an experienced drunk driving defense lawyer.

New Jersey DUI and DWI Attorney Edward M. Janzekovich Can Help If You’ve Been Charged

If you work in the kind of job where getting a DUI or DWI could get you fired, you know how important getting the right lawyer can be. It’s important to get an attorney who is willing to fight for you. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Headlines continue to pour in from all over the country with stories of drivers arrested for drugged driving after police officers find “drugs” in the vehicle – except it later turns out that the “drugs” were not really drugs at all and were misidentified by the drug tests used by officers in the field. Now research has backed up these stories, and it turns out many common items – from powdered sugar to baby formula to spearmint – can confuse the common drug tests used by many police departments in New Jersey and across the country.

While testing eventually proved that many of the people who were falsely accused were actually innocent, almost every person was arrested and spent time in jail and then plead guilty or plead to lesser charges before the test results came back. What this means is that, if you or someone you know is charged with DUI, DWI, drugged driving, or driving while high and the police are relying on drugs or marijuana found in the vehicle, you need to contact an experienced attorney as soon as possible. Only a good lawyer will be able to review the evidence against you and determine how to challenge false test results of drugs or marijuana.

The Problem with the Roadside Tests

Many police departments across the country, including in New Jersey, use unreliable field drug identification tests – sometimes call presumptive field tests – to determine quickly if a substance found by a police officer is a drug or marijuana. Many of these tests rely on chemicals called reagents which change colors in the presence of specific drugs or marijuana – except scientists have known that these tests can often result in false positives.

So, why do police departments continue to use these tests?  Because the most common tests cost as little as $2 a test, while reliable tests can cost thousands of dollars.

This is how the tests work: A police officer is given a kit that usually has a variety of different vials or capsules inside. The officer then drops a sample of the suspicious substance into a little pouch and mixes it with the compounds inside the capsule, then waits. The pouch turns a specific color to tell the officer of a positive drug test result.

But depending on the reagent and the substance tested, the test may look like it found drugs, when it really was reacting incorrectly or to something else in the substance. This is known as a false positive, and it could easily lead to an arrest.

Known and Common False Positives with Roadside Tests

Here is a list of some of the more well-known problems with the presumptive field tests:

• Cobalt thiocyanate, which is commonly used to test for cocaine, can return a false positive in the presence of methadone, Benadryl, pain relievers, acne medication and 80 other substances including household cleaners.
• The Duquenois-Levine test kit, which is used to identify marijuana, can return a false positive in the presence of patchouli, spearmint, and eucalyptus
• Extreme cold or extreme heat can cause false positives in some tests
• Some tests require multiple steps, and, if performed incorrectly, can result in a false positive.
• Most tests require the police officer to see the color of the test substances and if they have changed.  In poor or uneven lighting, a police officer can easily misinterpret what he sees.
• No agency regulates the manufacture or sale of the tests and no records are kept on their use.

Once a test results in a false positive, the police officer will believe that he or she has found drugs. Then, the driver will be arrested for DUI/DWI, and the driver’s innocence may not be proven for months when the test results are confirmed or rejected by actual scientists in a laboratory. In the meantime, many drivers plead guilty to the charges – especially ones who are not represented by an attorney.

Because it can take as long as 6 months before results come back, many people simply cannot wait or do not know how to prove their innocence. If you or someone you know is in this situation, the first thing you should do is reach out to an experienced lawyer as soon as possible.

New Jersey Drug and Marijuana Driving Defense Attorney Edward M. Janzekovich Can Help

Many innocent people are charged every day with DUI and DWI.  If you or someone you know needs help fighting false charges against you, it is important to contact an experienced attorney as soon as possible.  A good lawyer can make all the difference.  To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today.  We serve clients throughout the state of New Jersey.

A new program funded by the federal government – the Driver Alcohol Detection System for Safety Program – seeks to install passive blood-alcohol concentration detectors in all vehicles. Supporters of the program believe the new technology can follow in the footsteps of past proposed safety measures like seatbelts, airbags, or blind-spot detection. There is even a push to make such devices mandatory for all new cars and trucks by the 2024.

How the New Technology Would Function

Unlike an ignition interlock device, the proposed alcohol detection system would work passively, meaning, a driver would not need to blow into any type of tube in order for it to work. Instead, two combined technologies would work together: a breath-based system and a touch-based system.

The breath-based system would pull the driver’s exhaled breath into a vent sensor on or near the steering wheel or driver’s side door. The driver would be able to breath normally and would not need to take any additional steps. The system would also be able to target only the driver’s breath, ensuring that the breath of other passengers are not captured. If an illegal blood-alcohol content (above the legal limit of .08%) is detected, the car would be rendered inoperable.

The touch-based system would be placed on the ignition button or on the steering column and would be able to measure a person’s blood alcohol content through the skin. Again, if an illegal blood alcohol concentration is detected, the vehicle would be rendered inoperable.

Congressional Attempts to Make the Technology into Law

United States Senators Tom Udall, D-N.M., and Rick Scott, R-Fla., introduced legislation last week in Congress to make this new technology a requirement for all new cars and trucks by 2024. The bill is named the “Reduce Impaired Driving for Everyone Act of 2019,” called the RIDE Act. Part of the act will direct funding to researching the new sensors, in order to make sure the technology can work quickly and reliably with no effort on the part of the driver. The proposed law would also reserve $25 million for testing in government-owned vehicles.

Since 2008, the program has received $50 Million in funding in collaboration with the National Highway Traffic Safety Administration and the Automotive Coalition for Traffic Safety – a group of automakers.

The hope is that, by making the technology available, people will push to have it in their vehicles, similar to current technologies like back-up cameras, blind-spot monitoring, or even self-driving vehicles.

How DWI Arrests and Convictions Could Be Affected by the Technology

If the technology is able to render a vehicle inoperable, it could reduce the number of DUIs and DWIs. However, until the technology receives better testing, there will be no way to determine its accuracy.

If a driver uses a technology to test his or her own BAC, and the technology is wrong, it will not be a defense against a DWI or DUI charge. For instance, if a driver has a BAC of .08%, but the car allows him or her to drive anyway, the driver could still be pulled over, arrested, and convicted of drunk driving.

NJ DUI/DWI Defense Attorney Edward M. Janzekovich Understands How to Help

Because technology is constantly changing and improving, DUI and DWI law is constantly changing, too. If you or someone you know is arrested or charged with drunk driving, it important to consult an attorney with both a history of experience and the most up-to-date information. A good lawyer can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.