Most DWI traffic stops lead to a DWI going on the driver’s record. A DWI conviction does not count as a criminal conviction, but it stays on your driving record for 10 years if you do not get any subsequent DWIs, and even longer if you do. Just because a breathalyzer shows that your blood alcohol content (BAC) is more than 0.08, however, it does not automatically mean that you must admit to the DWI and then be subjected to penalties such as driver’s license suspension, probation, and thousands of dollars in fines and fees.
More than a quarter of DWI citations in New Jersey do not result in convictions for the defendant. Just 10 years ago, 85% of DWI tickets resulted in convictions, but now that number is 71%. This is mostly due to the fact that DWI cases have gotten more complex in recent years, and now there are more defenses that New Jersey DUI defense lawyers can use to get the traffic court to dismiss the DWI allegations.
Legal Controversies Surrounding the Alcotest 9510 Breathalyzer
Even though New Jersey law does not consider DWI a crime, and even though DWI cases are adjudicated in traffic court instead of criminal court, defendants accused of DWI still have the right to present defenses to challenge the state’s evidence that the defendant was driving under the influence of alcohol or drugs. In most DWI cases involving alcohol, the definitive piece of evidence against the defendant is the results of a breathalyzer test.
The breathalyzer device that New Jersey police use to test drivers’ BAC is the Alcotest 9510, which the state adopted several years ago when the previous breathalyzer, the Alcotest 7110, ceased production. After various legal challenges, the New Jersey Supreme Court ruled that Alcotest 9510 breathalyzer readings are admissible as evidence in DWI cases, but it set very high standards for how accurately the test must be performed. Calibrating an Alcotest 9510 device requires more practice and skill than the old-fashioned breathalyzers.
If you doubt that the results of your breathalyzer test are correct, your lawyer can help you challenge them. Our firm has DWI attorneys on staffed that are actually certified to operate these Alcotest breathalyzer machines, making us uniquely qualified to formulate your drunk driving defense.
Legal Cannabis Has Changed the Landscape of DWI Cases in New Jersey
One of the reasons that traffic courts dismiss a higher percentage of DWI cases than they used to dismiss a decade ago is the increasing number of DWI cases that do not involve alcohol at all. The penalties for DWI are the same regardless of whether the driver was under the influence of alcohol, cannabis, cocaine, prescription drugs incompatible with driving, or any other substance. Despite this, the only substance for which there is a reliable breath test that shows how intoxicated the driver is at the present moment is alcohol. Urine tests are the primary means of proving drug use in a forensic setting, and these do not show how recently the defendant consumed drugs.
Meanwhile, New Jersey has made cannabis legal for medical and recreational use, but no cannabis breathalyzers are commercially available, nor is there a consensus on how much cannabis it takes to impair a person’s ability to drive safely. Therefore, if your urine test is positive for cannabis after a DWI traffic stop, you might be able to argue that the last time you used cannabis was several days before the traffic stop and that cannabis was not the cause of your traffic stop.
Can You Get a Plea Deal in a DWI Case?
Since DWI cases are not criminal cases, there is technically no such thing as a plea deal for DWI, but there is an alternative disposition, which is the traffic court equivalent of a plea deal. Most of the time, when the court dismisses a DWI citation, it is because the driver pleaded guilty to another traffic offense. For example, if a police officer pulls you over because you were speeding, and you test positive for cannabis, you might admit that you were speeding but not that it was because of cannabis. Therefore, the court would dismiss the DWI, but you would still get the speeding ticket on your record, and you would still have to pay the fines associated with it.
We Fight For Your DWI Dismissal in New Jersey
A specialized DWI/DUI lawyer in New Jersey can help you persuade the court to dismiss your DWI charges, even if it means pleading guilty to a different traffic offense. Contact the Law Offices of Jonathan F. Marshall to discuss your case.
