Possible Defenses for a DWI Charge
A DWI arrest and subsequent conviction can be devastating. Your car insurance premiums may increase by thousands of dollars, your driving privileges will be suspended, you may even lose your professional license or be sentenced to jail. Those penalties don’t even include the court fines, community service, and other fees associated with a DUI in New Jersey. Fortunately, an experienced NJ DWI lawyer may be able to argue one or more defenses to effectively challenge the charges filed against you. Here are a few of the potential defenses that can be employed to get DWI charges dismissed. To speak with an attorney who has years of training and experience defending clients charged with DWI in New Jersey courts, call (732) 659-9600 today.
Issues with the Breath Testing Machine or Blood Draw for New Brunswick DWI
Most DWI prosecutions depend on the results of a chemical test establishing your blood alcohol level and/or whether you had any drugs in your system at the time you drove or shortly therafter. The police will normally ask you to submit a breath or a blood sample. For example, if a chemical breath test establishes that your blood alcohol level was above .08, the prosecution will likely be able to mount a strong case against you. That said, an experienced DWI attorney at our firm will review the accuracy and calibration records of the breath testing machine used to establish your BAC, and, if we find identifies any irregularities, we will challenge the validity of those test results.
If, on the other hand, you submitted a blood sample that identified alcohol or drugs in your blood, we may be able to challenge whether the blood was drawn in a medically approved manner, whether anticoagulant was properly stored in the blood vial, or whether the blood vial shows any signs of tampering or other irregularities with the lab report. If we can undermine the validity of the chemical test results in your case, you may have a strong defense in your DWI case.
Borderline Blood Alcohol Level Defense against Carteret DUI Charges
If your blood alcohol level is low enough, and particularly if your chemical test registers a BAC very close to or at .08, one of our lawyers may be able to challenge whether you were actually at or above .08 at the time of driving. It can take an hour or more for you to fully absorb alcohol into your system after you finish your last drink. It is thus possible for someone to have a drink or multiple drinks just before they leave a bar, have a BAC below .08 for a period of time after they get on the road, after which they get pulled over, and by the time officers have completed administering field sobriety tests and transported the to the station for chemical breath or blood testing, the person’s BAC may have risen to at or above .08. This defense is somewhat technical and will likely require an experienced DWI attorney or defense expert to establish all the required underlying facts, but it can be an effective way to challenge a DWI prosecution under certain circumstances. With years of DWI defense experience on our side, we know what to look for and how to use this defense option to your advantage.
Invalidating the Reason for Your Traffic Stop in Edison
Police must reasonable suspicion to detain you and initiate a traffic stop, and they must have probable cause to arrest you for DWI. In practical terms, this means that an officer must have had a valid reason for pulling you over. If the officer pulled you over on a whim, because of a hunch, or otherwise without reasonable suspicion to detain you, your lawyer can bring a motion challenging the legality of the traffic stop and any evidence subsequently collected, including admissions to drinking or chemical test results. This can be one of the most effective defenses to a New Jersey DWI.
Questions about a DWI Charge in Middlesex?
If you have questions about your DWI charge and wish to consult an experienced DUI attorney to learn more about defenses that may be available to you, call (732) 659-9600 or fill out our convenience online form for a free consultation. With local offices in Edison, we represent clients in all Middlesex County courts, including those in New Brunswick, Piscataway, East Brunswick, Metuchen, Carteret, and Plainsboro. Don’t hesitate to reach our for immediate assistance.