While possession of an open container of alcohol in your car (NJSA 39:4-51b) is illegal, it is not in itself sufficient to charge you with DUI in New Jersey.
But you can bet that you’ll be in for a serious encounter with police that may include a request to perform Field Sobriety Tests – which you can decline without penalty – and the possibility of being taken into custody to provide a breath sample.
Police have wide latitude if they believe you are demonstrating signs of intoxication, and if you’re caught with an open container in your car, they’ll be looking at you very closely.
You can be charged and convicted of DUI in New Jersey even if your Alcotest (breath test) results are below the legal threshold of .08.
If police believe you are showing signs of impairment, you can be convicted based on their observations of your behavior.
An experienced DUI attorney can make a big difference in your case, particularly when the evidence in question is solely based on police testimony.
Attorney Matthew Reisig has helped more than 1,000 New Jersey drivers avoid DUI convictions.
Call 732-625-9660 today for a free consultation with one of New Jersey’s most experienced DUI attorneys.