The first day after a DUI stop in New Jersey is a sprint, not a marathon. Decisions land fast: what to say to police, whether to submit to breath testing, how to retrieve your car, and who to call for legal counsel. I have watched people salvage a case because they acted deliberately in those first hours. I have also watched the opposite, where a casual comment or a missed deadline quietly closed off a defense. The law gives you rights. The process punishes hesitation and guesswork.
This guide walks through the first 24 hours from a practical, boots-on-the-ground perspective in municipal and superior courts across the state. It explains the typical steps, the pitfalls I see week after week, and the choices that tend to pay off.
The roadside stop: what matters most
Most DUI cases start the same way: a traffic violation or a crash, then an officer notes odor of alcohol, bloodshot eyes, or slurred speech. If the officer asks you to step out, you are not free to leave. Field sobriety tests often follow: the Horizontal Gaze Nystagmus, the Walk and Turn, and the One-Leg Stand. These tests are voluntary. Refusing them is not a separate offense in New Jersey, but expect the officer to arrest you anyway if they already suspect impairment. If you perform them, the officer will rely on the results to establish probable cause.
At this stage, your choices are limited but meaningful. Provide license, registration, and insurance, and speak politely. You do not need to answer questions like where you were drinking, how much, or when. A simple “I prefer not to answer questions” avoids the admissions that often become Exhibit A at trial. If you are asked to perform field sobriety tests, weigh your footing, lighting, and injuries. Uneven shoulder, boots on gravel, prior knee surgery, and flashing lights all affect performance. If you decline, say so calmly. The officer will likely proceed with arrest if the totality supports it.
If there is an accident with injuries, the stakes rise sharply. Statements about speed, distractions, or alcohol use become central. The instinct to apologize can be strong. Save it for later. An apology can read like an admission.
Breath testing versus refusal: the New Jersey wrinkle
New Jersey’s implied consent law means that after a lawful arrest for suspected DUI, you must provide breath samples at the station when properly requested. Refusing is its own separate offense with harsh penalties, including a license suspension comparable to high-BAC convictions and ignition interlock requirements. The refusal charge is often harder to beat than the DUI itself because the State does not need to prove your blood alcohol content, only that the officer followed the required steps, including reading the standard statement and a clear request to provide samples.
People often confuse roadside breath tests with the station breath test. The small handheld device on the roadside is preliminary and less reliable. The Alcotest 7110 or 9510 at the station is the test that matters. If you are lawfully arrested and the officer reads the standard statement, the law expects submission. Asking for a lawyer before giving breath samples does not delay or excuse the test. Saying “I’ll take it if I talk to a lawyer” or “I want a blood test instead” almost always gets charged as refusal. Clear, unambiguous compliance is the safer path in most cases.
There are edge cases. Medical conditions like severe COPD, recent surgeries, or dental issues can complicate providing a valid sample. If you truly cannot blow, tell the officer and try each instruction exactly as given. Multiple failed attempts can still be charged as refusal, but video and machine printouts often tell a more nuanced story, and a seasoned nj dui lawyer can leverage those details.
The station: paperwork, release, and what not to say
At the station, expect processing: fingerprints, photos, inventory of belongings, and questioning. You can remain silent beyond biographical basics. Most stations record video and audio. Jokes about “one too many,” frustration at the process, or bravado about tolerance all find their way into reports and court arguments. Speak sparingly and respectfully.
For first-time DUI stops without injury and with cooperative behavior, many defendants are released to a sober adult within several hours. In cases involving crashes, injuries, or outstanding warrants, you might see a longer hold or transport to the county facility. Your car may be towed. The towing and storage fees can climb quickly. Get the tow yard name, address, and release instructions before you leave the station.
You will receive a packet with summonses. Commonly, you will see charges for DUI, failure to maintain lane, reckless driving, and sometimes failure to exhibit documents. Refusal, if charged, appears as a separate summons. Read the court notice closely. The first appearance date is often within a few weeks, sometimes sooner. In New Jersey, DUI is a traffic offense handled in municipal court, not a criminal felony. Yet the penalties, especially license suspensions and interlock devices, feel criminal in their impact. If aggravating factors exist, such as serious injuries, the case may intersect with superior court on related indictable offenses like assault by auto.
The first six hours after release: quiet your instincts
Adrenaline and fear push people to talk. They call friends, text about details, post on social media. Resist it. Anything you say to anyone besides a lawyer can be subpoenaed or repeated. Screenshots travel. Prosecutors routinely secure social media posts. Time and again I’ve watched a client’s joke or apology weaken a defense built on careful technical arguments.
If you had a passenger, avoid coaching them. Coaching can muddy testimony and can be used to challenge credibility. If a bar or restaurant is involved, do not contact staff to discuss what you drank or to ask for receipts with altered times. That conduct creates a trail.
There is one exception: family or a trusted friend who will serve as your sober ride and support. Ask them to help retrieve the car, gather your property, and be a practical buffer while you work the legal next steps. Keep those conversations factual and brief.
Document what you can while the memory is fresh
Details fade by morning. I always ask clients to write a private account the same night or early the next day, preferably in a document or note synced to the cloud and shared only with counsel. Include time estimates, locations, and sensory observations. Note whether you wore contacts or glasses. Describe footwear, weather, and road surface. Record injuries, chronic conditions, or balance issues. If you took field tests, write down exactly how the officer instructed you and where you stood. If the officer deviated from standard instructions or interrupted you, note it.
Receipts help anchor the timeline. Card transactions from a restaurant, a rideshare before driving, or a gas station stop show locations and timestamps. Save them. If there are cameras near the stop or bar, get the business names and addresses today because many systems overwrite video within days. Do not contact the business to argue. Simply note it, and your lawyer can follow through with a proper preservation letter.
If you believe you were not intoxicated, consider arranging an independent test quickly. Breath alcohol dissipates over hours, so an urgent care blood test or a home breath device reading shortly after release can still provide context. It is not definitive, but I have used time-stamped third-party tests to support retrograde extrapolation arguments or to question a station result. This is time sensitive. If you cannot arrange it within a few hours, skip it and focus on legal prep.
Medical conditions and medications: why they matter
Medical factors influence both the roadside observations and the station test. Acid reflux and GERD can introduce mouth alcohol into the breath sample, leading to artificially elevated readings unless the officer properly observed you for the required period. Diabetes can cause acetone on the breath, again a potential confounder depending on the instrument and protocols. Neurological issues, ear disorders, and musculoskeletal injuries affect balance and eye movements, which the officer might interpret as impairment.
Make a list of diagnosed conditions, prescriptions, over-the-counter medications, and supplements. Note dosages and timing. Save pill bottle labels or take clear photos of them. Share this with your dui lawyer nj early. These details often direct discovery requests and expert consultations.
Contacting a lawyer: speed and specificity
Calling a lawyer in the first 24 hours changes the shape of the case. On a practical level, early counsel can send preservation letters to police departments, tow yards, and nearby businesses for video, radio logs, and Alcotest maintenance records. Police dashcam and bodycam retention policies vary, and while departments generally keep DUI footage for some time, sooner is better. A good nj dui lawyer will also request the Alcotest solution change logs, calibration records, and the operator’s certification. In New Jersey, breath test admissibility is technical. Small compliance gaps can make a big difference.
When you speak with a criminal attorney in New Jersey, bring the summons packet, your written timeline, receipts, and any medical documentation. Ask about likely penalties under your facts: first, second, or third offense, BAC range, ignition interlock requirements, potential suspensions, fines, and insurance consequences. A seasoned attorney will forecast not just legal outcomes but also the practical flow: how many court dates, when discovery arrives, when to schedule the alcohol and drug evaluation, and how to plan for transportation if an interim suspension becomes likely on a refusal.
License and car: getting back on the road without creating new problems
After a first offense DUI with a BAC of 0.08 to 0.10, New Jersey typically imposes ignition interlock and a short period of license restriction rather than a long, hard suspension. Higher BACs and refusals bring steeper consequences, including longer interlock terms and extended suspensions. These are not immediate after the arrest, but certain administrative actions can kick in for refusals or for commercial drivers. CDL holders face stricter rules, including consequences even if the incident occurs in a personal vehicle.
Do not drive your car until you confirm it is released and you are legally permitted to operate. If you were told you cannot retrieve the vehicle for a set period or if the car is subject to a mandatory impound related to refusal, follow the instructions. Driving too soon creates a separate offense that complicates everything.
At the tow yard, bring identification, proof of registration, and insurance. Expect storage fees. Photograph the car, particularly if there was an alleged lane violation or accident. Tire condition, alignment issues, or interior details like footwear can matter later. In one case, a client’s wet work boots explained poor balance on the One-Leg Stand. A simple photo preserved that detail.
The court notice and what it means for timing
Your summons lists a first appearance. In municipal court, that date is the administrative start. It is not a trial, and many courts allow your lawyer to appear for you or to request an adjournment while discovery is gathered. Missing the date without prior arrangement leads to a bench warrant and license complications. Do not assume an adjournment is automatic. Confirm with counsel and with the court.
For second or third offenses, prosecutors and judges treat scheduling more tightly. Interlock compliance from any past conviction will be scrutinized. If you had a prior DUI out of state, tell your attorney immediately. New Jersey applies prior convictions from other jurisdictions in many circumstances, though nuances exist in how the statutes line up.
What the State has to prove and how the defense develops
On a DUI, the State must show operation and impairment, either through observed intoxication or a valid breath test result. Operation does not necessarily mean driving down the road. Sitting behind the wheel with the engine running can qualify if the circumstances show intent to operate. If you were found sleeping in a parked car, where the keys were and whether the engine was on become critical. I have defended cases where a client moved the car a few feet off the roadway for safety and stayed put. Those facts read differently than cruising several miles.
Breath test cases pivot on two axes: the legitimacy of the stop and arrest, and the reliability of the test. Illegal stop challenges succeed when the initial reason for the stop is not supported by evidence, for example a claimed lane violation contradicted by dashcam. Even if the stop stands, the arrest requires probable cause independent of the breath result. I have seen borderline probable cause fall apart when field tests are poorly instructed or the officer disregards a documented foot injury.
On the test side, New Jersey’s Alcotest requirements are exacting. Calibration cycles, solution temperatures, operator certification, observation periods, and interference checks all matter. If a solution was expired or a temperature outside range, or if the operator interrupted the nj dui lawyer observation period by allowing the subject to burp or place something in the mouth, the reading might be suppressed. These are not technicalities in the pejorative sense. They are the guardrails that make a scientific reading fair.
Refusal cases follow a different path. The State must prove a lawful arrest, a proper reading of the standard statement, and an unambiguous refusal. Gray zones occur when the defendant attempts in good faith but cannot complete the blow due to a medical limitation. Video can be decisive. The tone of the interaction also matters. Hostile resistance tends to read like intentional refusal. Calm but unsuccessful attempts may support an argument that the State failed to accommodate.
Insurance and employment: quiet moves you can make early
A DUI conviction in New Jersey spikes insurance premiums for years. Within the first day, do not notify your carrier unless there’s an accident claim to make. Claims adjusters gather statements that can bleed into criminal discovery. If there was property damage or injuries, make the claim but limit discussion to the accident mechanics and refer all questions about alcohol to your lawyer. If no accident occurred, wait and coordinate with counsel before contacting insurance.
Employment issues vary. Professional licenses, commercial drivers, and positions requiring security clearances demand special handling. CDL drivers face disqualifications even without a conviction if certain administrative triggers occur. If your job relies on a company car, speak with counsel before telling HR. Many employers have policies that require notification within a set timeframe, but a controlled, accurate disclosure after you understand the charges and likely timeline is better than an anxious call that over-shares.
Two short checklists to anchor your first 24 hours
- Preserve evidence: write your timeline, save receipts, photograph footwear and the scene if safe, list medical conditions and meds, note camera locations. Call support: contact a dui lawyer nj, arrange sober transportation, retrieve your car lawfully, schedule an independent test if done within hours, and avoid social media.
What not to do, even if it feels harmless
Do not email the officer, the municipal court, or the prosecutor with your story. Those messages become evidence, and any inconsistency will be exploited. Do not assume kindness buys discretion. Officers rarely drop a DUI based on a heartfelt explanation after the fact.
Do not shop for a bargain-basement fee by calling five firms and asking for the lowest number. In DUI work, you are paying for time, attention to records, and courtroom experience. Ask pointed questions: how many NJ municipal DUI cases handled in the last year, how often they file suppression motions, their approach to Alcotest records, and whether they use experts. A competent criminal attorney in New Jersey should be comfortable answering, even if your case is not the right fit for them.
Do not delay ignition interlock planning if your case looks likely to end in a conviction or guilty plea. Early research helps you compare vendors and costs, and to plan installation quickly if the court orders it. Waiting until the day of sentencing to figure this out lengthens the period you are without a valid license.
A realistic sense of outcomes
New Jersey eliminated hard license suspensions for most first offense low-BAC cases in favor of ignition interlock, but the interlock is mandatory in nearly every DUI conviction. For 0.08 to under 0.10, expect an interlock for several months. From 0.10 to under 0.15, the interlock period increases. At 0.15 and above, there is an additional license suspension followed by extended interlock. Refusal carries a suspension and interlock that often outstrips the high-BAC penalty. Fines, surcharges, IDRC classes, and insurance points add up to thousands of dollars over time.
Dismissals happen, but they are not routine. They come from legal defects: an invalid stop, missing or flawed Alcotest records, failure to prove operation, or a refusal process that did not meet the statute. Plea negotiations in DUI cases are constrained by the attorney general’s guidelines, which limit downgrades. That said, stacked tickets like reckless driving and failure to maintain lane are often negotiable. Narrowing the collateral damage can make a real difference in fines and points, even if the core DUI remains contested.
If there was an accident: civil exposure and the paper trail
If property damage or injuries occurred, two tracks open. The municipal court handles the DUI and traffic charges. A civil claim, or a subrogation demand from an insurer, may follow. Speak with your lawyer about coordinating defense across both. Statements made in a civil claim can show up in municipal court and vice versa. Preserve photos of the vehicles, skid marks, and any intersection cameras. If police measured distances or took reconstruction photos, those records will surface in discovery, but your own photos add context.
For injury cases, consider your own medical evaluation even if you feel fine. Adrenaline masks pain. Later treatment records that start days after the crash look less persuasive than a same-day visit. This matters for your health first, and for the completeness of the record second.
A note on sobriety testing beyond alcohol
If drugs are suspected, the police may bring in a drug recognition expert. Blood draws require warrants in most circumstances. Refusing a blood draw is not the same as refusing a breath test, and the legal analysis differs. If a warrant is issued, cooperate to avoid additional charges. Blood results take weeks to return, which can push the timeline of the case. In drug DUIs, medical records, prescription documentation, and expert toxicology become crucial. Start gathering those documents on day one.
The value of politeness without self-incrimination
New Jersey officers write narrative reports that judges and prosecutors read closely. Respectful conduct at the stop and station makes a difference in tone and credibility. It does not change the elements of the offense, but when arguing discretionary points, a client who stayed calm, avoided arguing, and followed instructions tends to get the benefit of the doubt on close calls. You can be courteous and still assert your rights. Provide documents, submit to the station breath test after a proper request, and decline to answer questions about drinking.
If you are under 21 or hold a CDL
Underage drivers face a lower threshold, 0.01 BAC, with tailored penalties that include license suspensions and community service even for low readings. CDL holders face disqualification at 0.04 or higher while operating a commercial vehicle and can suffer career-impacting consequences for incidents in personal vehicles. The first day matters more for CDL drivers: notify the right people strategically and get counsel aligned before the employer hears a version of the facts from somewhere else.
The first 24 hours, condensed into a plan
- Stay quiet, stay polite, and avoid social media. Save admissions for your lawyer, not the internet or a group chat.
These hours are about control. You cannot undo the stop, but you can decide what enters the record. You can decide to gather documents that would otherwise evaporate, to hire counsel who knows how to pull and read every Alcotest record, to keep your employer relationship intact, and to prepare for interlock logistics rather than scramble. When clients follow this approach, we spend court dates litigating focused issues instead of apologizing for avoidable mistakes.
If you are holding a fresh summons, take a breath, make the two or three calls that matter, and start a written record. The law rewards precision. So does your future self.