Alcohol & Drugs: DUI, DWI DWI stop after bar, bogus test

[nickbequick]

I got pulled over last week for a suspected DWI charge in New Jersey after leaving a bar. I was given a badly given sobriety test and was arrested under suspicion of DWI. I didn't do a great job on the walking test but I was never someone with good balance. They said I smelled of alcohol. Duh, I just walked out of a bar and someone spilled beer on me. I wasn't drunk. I had 1 beer and finished about 40 minutes before I left and had one more beer like 2 hours earlier. I wasn't asked to take a breathalyzer test or anything else. I have to return to court. I am not sure what happens next because I have never been arrested.

 

[army judge]

You plead not guilty, hire a lawyer, or ask the court to appoint a public defender.
What you don't do is discuss this, or attempt to explain it away.

 

[mightymoose]

You don't have to be drunk, you just have to have a BAC over the legal limit.
You might be amazed at how many people the police stop who coincidentally got a beer spilled on them just prior to the stop. Even if true, that falls on deaf ears.
You likely were exhibiting symptoms of impairment that you are not even aware of.
A breath test is not a legal requirement. Did they later get a blood sample? If so, time will tell if you were over the limit. If not, an attorney's assistance might help this go away.