Common Defenses Against DUI Charges in New Jersey

Common Defenses Against DUI Charges in New Jersey

Being arrested for DUI can be an incredibly stressful and frightening experience. As a New Jersey driver, you have certain legal rights when facing these charges. An experienced DUI defense attorney can help protect your rights and build the strongest possible defense against the charges. This article will provide an overview of some potential defenses yuor lawyer may use to fight your DUI case.

Challenging the Initial Traffic Stop

One common defense strategy focuses on the legality of the initial traffic stop. In order for a traffic stop to be valid, the officer must have “reasonable suspicion” that a traffic violation or crime occurred. Minor mistakes like swerving within your lane or touching the center line are often not enough to justify a stop.

Your attorney can file a motion to suppress any evidence obtained from an illegal stop. If granted, this means the prosecution cannot use any evidence from the invalid traffic stop. This often results in reduced or dismissed charges.

Questioning the Accuracy of Chemical Testing

The results of your breath or blood test are often the main evidence used to prove intoxication and secure a DUI conviction. However, the accuracy of these tests can be challenged in several ways:

• Improper administration of the test
• Faulty or uncalibrated equipment
• Testing done outside the legal time limit
• Contamination of the blood sample
• Medical conditions that affect results

By casting doubt on the reliability of your BAC results, your attorney may be able to get the results thrown out completly. This devastates the prosecution’s case against you.

Challenging Officer Observations

The officer’s observations during field sobriety tests and your arrest may also come under scrutiny. Factors like weather, lighting, and distractions can impact an officer’s perceptions. Additionally, many completely sober individuals exhibit signs of intoxication like balance issues, slurred speech, red eyes, etc.

Your attorney can argue that the officer’s observations are subjective and unreliable indicators of impairment. By highlighting flaws in the officer’s account, your lawyer may be able to weaken the prosecution’s case.

Demonstrating a Lack of Actual Impairment

Even with a BAC above the legal limit, the prosecution must still prove that you were actually impaired and unable to safely operate a vehicle. Your attorney may call expert witnesses to demonstrate that your driving abilities were not significantly impacted.

Evidence like responsiveness, coordination, and performance on sobriety tests can show a lack of actual impairment. This is especially effective for defendants with high tolerances such as experienced drinkers.

Challenging Miranda and Consent Issues

Any incriminating statements you made before being read your Miranda rights are inadmissible. Additionally, consent for chemical testing must be given freely and voluntarily. If your rights were violated in any way, your lawyer can file a motion to suppress.

By getting your statements or test results thrown out, the prosecution’s case will rely solely on the officer’s observations. This gives your attorney more opportunities to secure an acquittal or reduction of charges.

Presenting Evidence of a Rising BAC

It’s possible your BAC was lower at the time of driving than when you were tested. This typically occurs when you consumed alcohol shortly before or during driving.

Your lawyer may present evidence and expert testimony showing your BAC was below the legal limit when operating the vehicle. This can successfully beat a DUI charge.

Challenging License Suspension

Even if convicted of DUI, you may be able to challenge or delay the suspension of your driver’s license. By requesting an administrative hearing, your attorney can dispute the grounds for suspension.

If successful, you may be able to obtain a temporary license or reduced suspension period. This helps maintain your driving privileges and freedom.

Negotiating Reduced Charges or Penalties

Rather than risk trial, your attorney may be able to negotiate a favorable plea deal with reduced charges like reckless driving. This avoids many consequences of a DUI conviction.

Even without dropping charges, your lawyer can often negotiate lighter sentencing terms like lower fines, fewer license points, and less jail time. Any reduction in penalties is a victory.