Drunk Driving Attorney Elizabeth NJ

If you have been charged with drunk driving in Elizabeth, NJ, you need experienced and aggressive drunk driving attorney.  The attorneys at Rispoli & Borneo, PC have the legal expertise, court room experience and aggressive style to defend you during every step of the process.

Drunk driving and refusal matters always include an analysis of the “Stop”, the “Field Sobriety Tests”, and the “Breath Test.”

1. The “Stop”: A police officer must have a valid reason to stop a vehicle.  An improper or unconstitutional stop can be challenged and may result in the dismissal of all tickets.
2. The “Field Sobriety Tests”: The field sobriety tests administered by police officers in New Jersey are designed to determine if a driver is impaired.  The results of these tests are used to justify a “breath test” or prove a driver is driving while under the influence of alcohol.  Often these tests are critical to the State’s case.  These tests can and should be challenged, as they are unreliable if the officer does not administer them properly.
3. The “Breath Test”:  Police Departments throughout New Jersey use the Alcotest to determine if a driver is intoxicated.  Maintenance of the Alcotest, certification of the officer administering the test, and the pre-test observations of the driver are critical to the accuracy of the Alcotest results.

Drunk driving matters that involve driving in a “school zone” or an accident with injuries involve more serious penalties in Elizabeth, NJ. The attorneys at Rispoli & Borneo, PC are well versed in these enhanced penalties. Understanding all of the potential penalties is critical to making a well informed decision on whether to proceed to trial or negotiate a plea.

Not every drunk driving or refusal case should proceed to trial.  These trials are expensive and time consuming.  The attorneys at Rispoli & Borneo, PC appreciate the expense of hiring an attorney. To manage this expense, we meet with clients to discuss the cost of proceeding to trial versus the cost of negotiating a plea. Often we will advise clients to negotiate the best plea possible and use the available funds to pay fines and penalties rather than unnecessary or unwarranted legal fees.

Our Team of Drunk Driving Lawyers in Elizabeth NJ Are Able to Help

Drunk driving and refusal matters always include an analysis of the “Stop”, the “Field Sobriety Tests”, and the “Breath Test.”

1. The “Stop”: A police officer must have a valid reason to stop a vehicle.  An improper or unconstitutional stop can be challenged and may result in the dismissal of all tickets.
2. The “Field Sobriety Tests”: The field sobriety tests administered by police officers in New Jersey are designed to determine if a driver is impaired.  The results of these tests are used to justify a “breath test” or prove a driver is driving while under the influence of alcohol.  Often these tests are critical to the State’s case.  These tests can and should be challenged, as they are unreliable if the officer does not administer them properly.
3. The “Breath Test”:  Police Departments throughout New Jersey use the Alcotest to determine if a driver is intoxicated.  Maintenance of the Alcotest, certification of the officer administering the test, and the pre-test observations of the driver are critical to the accuracy of the Alcotest results.

Drunk driving matters that involve driving in a “school zone” or an accident with injuries involve more serious penalties. The lawyers at Rispoli & Borneo, PC are well versed in these enhanced penalties. Understanding all of the potential penalties is critical to making a well informed decision on whether to proceed to trial or negotiate a plea.

Can I be pulled over and arrested for a DWI while riding a bicycle?

Drinking and driving is against the law everywhere. Not only that, but it does involve serious risks to the driver and occupants, as well as others on the road. What about drinking alcohol while riding a bicycle? Could you be pulled over, arrested, and charged with a DWI (or DUI) while riding a bicycle? This is a popular question that our lawyers encounter, especially as bicycles become more popular in the Elizabeth, NJ.

Can I be pulled over and arrested for a DWI while riding a bicycle?

Yes, technically, if law enforcement believes you are under the influence of alcohol while riding a bicycle, you could be stopped. Should you be exhibiting behavior which suggest you are very intoxicated and pose a risk to yourself or others in some way, the officers do have the legal right to detain you. 

Every state has established laws or rules for public intoxication and public endangerment. Law enforcement have the right and even responsibility to detain a person who could be a threat to themselves or the others because they are intoxicated. Therefore, if you are riding a bicycle and appear to be under the influence, you could be arrested and charged with a DWI or DUI.

Riding a Bicycle While Under the Influence

Anyone, living in any state, who has been arrested for being under the influence and who tests with a BAC of 0.08% or greater is considered to be legally intoxicated. Even if the person is not displaying physical signs of being intoxicated, for example they were riding their bicycle okay, it is intoxication. A good drunk driving lawyer in Elizabeth, NJ might challenge the BAC results, but the choice to do this will largely depend on the circumstances of the case. 

The definition of a DWI, DUI, or other related offense varies by state and is dependent on the legal wording of the law and it’s statutes. What is most relevant to cycling while intoxicated is how the state defines the word “vehicle”. For instance some states will define the word as being any device that can be moved, or that can transport people. Other states might explicitly include the word “bicycle”, and there are states that define these kinds of offenses to occur while using a “motor vehicle”. 

When a state only uses the word “vehicle”, such as California, a bicycle can be interpreted as a vehicle. Whereas, when a state uses the term “motor vehicle” within their DWI/DUI laws, and the bicycle does not have a motor, the prosecutor may be less able to charge the cyclist with a DWI. This is not to say he or should wouldn’t be charged at all, but rather may only be charged with public intoxication or public endangerment. 

A Drunk Driving Lawyer in Elizabeth, NJ for Cyclists

If you were charged with a DWI or a related offense after being arrested for riding a bicycle while cycling, you may want to consult a drunk driving lawyer in Elizabeth, NJ to find out what you can do to keep your charges to a minimum. Even if you don’t drive a car, a DWI could have serious consequences. To learn more, call a DWI lawyer. 

Contact a Drunk Driving Lawyer in Elizabeth NJ Today

Not every drunk driving or refusal case should proceed to trial.  These trials are expensive and time consuming.  The lawyers at Rispoli & Borneo, PC appreciate the expense of hiring a lawyer. To manage this expense, we meet with clients to discuss the cost of proceeding to trial versus the cost of negotiating a plea. Often we will advise clients to negotiate the best plea possible and use the available funds to pay fines and penalties rather than unnecessary or unwarranted legal fees.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many Drunk Driving cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.