Beating A DWI in New Jersey: The Best Defense Strategies to Consider
Despite the steady decrease in the number of DWI/DUI cases in New Jersey, the current average of yearly DWI/DUI-related arrests is still astronomically high. Researchers found in a DUI study that in 2021, 22.5% of drivers ages 21 and over admitted to drinking and driving at least once, and 12% admitted to doing so often.
If suspected of driving under the influence, a police officer will pull you over and conduct a series of sobriety tests, including a blood alcohol level test. This is a test that requires the driver to blow into a device that monitors their blood alcohol levels. If you blow above the legal limit (0.08 BAC) then you will be arrested.
However, there are a few cases in which individuals are wrongfully arrested for a DUI or DWI when the charge wasn’t deserved.
While punishments such as suspending your license and severe penalties for multiple DWI convictions are for those found guilty of drinking while intoxicated, those who believe they were wrongfully convicted will need to prove their innocence.
It may feel like all hope is lost once you’ve been found guilty of a crime you believe you didn’t commit. However, don’t give up yet. There are multiple defense strategies an experienced legal team can consider to help increase their odds of a successful defense.
Improper Traffic Stop
As briefly mentioned above, a police officer will pull you over if they suspect you of drinking and driving. However, they can’t pull you over only out of suspicion, they must have probable cause. Examples of probable cause to pull someone over for a DUI, amongst other things, include signs of swerving or missing traffic signals.
Officers must also have probable cause before searching you or your car for any signs of illegal activity. Once again, they cannot do so purely out of suspicion. There must be clear signs that illegal activity is taking place to take further action.
Make it a point to mention to your criminal defense lawyer that you believe that your fourth amendment right was broken. Specifically, you believe you were a part of an illegal search and seizure and/or were pulled over without probable cause. From there, your defense attorney is encouraged to put together a case that backs up this claim with the goal of releasing you from your charges.
Improperly Administered Field Sobriety Test
A field sobriety test (FST) is a series of tests police use to identify suspected impaired drivers. There are three types of field sobriety tests sanctioned by the National Highway Traffic Safety Administration:
- The horizontal gaze nystagmus;
- The one-leg stand;
- And the walk-and-turn test.
Some officers may conduct these tests in conjunction with a blood alcohol test to help create probable cause. Others may choose to conduct non-standardized, yet popular tests like singing the ABCs backward or having you touch the tip of your finger to your nose.
While these tests can help officers determine whether or not you’ve been drinking, they are not tests that are recognized by the federal government. An experienced attorney will be able to identify whether or not proper sobriety tests were implemented and should be able to create a successful case if evidence proves otherwise.
Lack of Evidence the Suspect Was Operating the Vehicle
Rather than driving impaired, some individuals choose to sit or sleep in their parked vehicle with keys removed from the ignition until they’re sober enough to safely drive home. While staying in a vehicle while under the influence may sound suspicious, in most states, this action alone is not considered criminal activity.
For the police to be to charge a suspect with a DUI, they must have proof the suspect was the one operating the vehicle. If they are unable to confirm or deny that you were sheltering in your vehicle at the time of the traffic stop, rather than operating it, then they do not have enough evidence to charge you.
Ultimately, the jury will decide if they felt you were a true threat to society at that moment or if you truly were sleeping it off in your vehicle until you were able to drive home. Inform your attorney if you believe the officer has little to no evidence that shows you were operating the vehicle at the time of the stop.
Inaccurate or Improperly Administered Breathalyzer Test
A breathalyzer test is the most accurate way an officer can determine whether or not you’re too impaired to drive. That is only if they’re used properly.
Inaccurately administering the breathalyzer test to the suspect can impact the officer’s ability to accurately determine your blood alcohol levels.
To correctly administer a breathalyzer test the officer must:
- Attach a mouthpiece to the breathalyzer;
- Press and release the power button;
- Wait for the machine to get to optimal testing conditions (screen will display “blow” when ready);
- Blow into the device until you’re instructed to stop (usually about four seconds).
Your results will generate in about 15 seconds and your fate will be determined from there.
It’s important to note that there are a few factors that could tamper with the results of your breathalyzer test:
- Faulty equipment;
- Fast breathing or holding your breath;
- Uncalibrated machine.
Although not as common, some medications and diets have been known to impact breathalyzer results as well.
Suspect Not Given Opportunity to Contact an Attorney
It is your legal right to contact an attorney after a DUI/DWI arrest. If you’re not able to call at the time of your arrest then you should be able to upon booking. There is no reason why you should be denied the ability to contact your lawyer.
If you have been arrested for driving under the influence, contact a DWI attorney at our firm immediately in order to preserve your best opportunity for a sound defense. You can reach us 24/7 for a free and confidential consultation.
