Blog for Stephen Lukach

July 10, 2012
Stephen Lukach
DWI Awareness

Most people who are arrested and charged with Driving While Intoxicated (DWI) usually following their arrest have only one thing on their mind. “How could they have avoided it to begin with?” In order to avoid a DWI conviction, remember the following:

1. Seek the help and support of a designated driver when you go out, preferably someone who will not be consuming alcoholic beverages.

2. If you are going to an event where you know you are going to be consuming alcohol, then it is important to keep track of the exact amount of alcohol you are consuming and weigh that against what you can safely consume before driving your vehicle.

3. If you suspect that you have had too much to drink,either stay at your event longer to allow the effects of the alcohol to wear off, or call a cab to get you home.

But what happens if you decide to drive home and you have been drinking? It is important to be aware of your rights, especially if you are suspected of driving while intoxicated. Very often, convictions in DWI cases are simply a result of drivers doing something they should have avoided in the first place, namely by being put in the situation where they must provide breath samples.

Generally, the way to avoid a DWI almost always boils down to how much you know about procedures for arrest in a suspected DWI situation. The scenario usually unfolds like this. The officer asks you to pull over, asks for your license and registration. He slowly gives you the once over and suspects you may have been drinking. Now, the only way he can find out whether you’re drunk or not is a ‘field sobriety test’, where you are asked to perform a set of maneuvers that assess you for sobriety. If you fail this, then you’re asked to take an Alcotest test to check your blood alcohol level.

Refusal to provide breath samples can result in severe penalties by itself. And the court may still be able to find you guilty based on your field sobriety tests and the police officers observations of your demeanor. If you do find yourself in this situation, provide the breath samples and then immediately contact a competent DWI attorney upon your release. A competent DWI attorney is one who specializes in DWI defense and has the proper training and certifications to fight your case. Attorney Stephen Lukach specializes in DWI defense and is also a certified Field Sobriety Test practitioner and is a certified Alcotest Operator. He can be contacted for a FREE consultation at (865) 617-1394 or at NJDwi.net.