How can I defend against a DUI charge in New Jersey?

How to Defend Against a DUI Charge in New Jersey

Getting arrested for DUI can be scary. The consequences are serious – jail time, fines, license suspension. But there are ways to fight the charges. Don’t just plead guilty – talk to a lawyer about your defense options. This article explains common defenses and strategies used in NJ DUI cases. There’s hope!

Challenge the Traffic Stop

Cops can’t just pull you over for no reason. They need “reasonable suspicion” that you broke a traffic law [1]. So if the officer stopped you illegally, a lawyer can file a motion to suppress and get evidence thrown out. Any clues, tests or statements after an illegal stop get excluded [2].

Like if you were stopped for weaving but didn’t cross lines. Or a cop followed you out of a bar with no traffic violation. Those stops could be illegal. A dashcam or bodycam video can prove it.

Fight the Field Sobriety Tests

Field tests are totally subjective. A lawyer can argue the officer misinterpreted clues. Like maybe your balance issues were from injuries, disabilities, or slick pavement. Don’t just take the cop’s word that you “failed” [4].

Plus the tests aren’t mandatory. You’re allowed to refuse without penalty. So if you took them when you shouldn’t have, a lawyer can try to get that evidence excluded.

Challenge Chemical Testing

Breath and blood tests seem scientific. But there are lots of ways they can go wrong. The machines may not have been properly maintained or calibrated. The officer might have done the test incorrectly. You might have medical issues that caused a false high result. A lawyer can dig into these issues and get the results thrown out if there are problems [1].

And if the officer didn’t read you your rights about refusing the test, a lawyer may get the test excluded. Make sure the cop followed every rule!

Argue Your Symptoms Weren’t From Alcohol

Maybe you swerved because you were distracted or tired, not drunk. Or your red eyes were from allergies. Or your slurred speech was from a medical issue. Don’t let the cop say your behavior means you’re intoxicated – make them prove it [3].

A lawyer can argue there are many reasons for your symptoms besides alcohol. This is especially true if you have medical records to back it up.

Claim a Rising Blood Alcohol Level

Your BAC at the police station may be higher than when you were driving. If you had your last drink shortly before driving, your BAC could have been under 0.08 when behind the wheel but over 0.08 later during testing. A lawyer can argue this “rising BAC” defense [5].

An expert can use your weight, drinking timeline, and other factors to show you were below the limit when driving even if the test says otherwise.

Allege Police Misconduct

If cops treated you badly, your lawyer can file complaints. Like if they used excessive force during arrest, or didn’t allow you to call a lawyer. Bring up every small thing they did wrong.

You can even argue the cops are biased or racially profiled you. Anything to show the police acted inappropriately.

Negotiate a Plea Deal

If your lawyer can’t get the whole case dismissed, try negotiating with the prosecutor. See if they’ll reduce the charges to reckless driving or something less than DUI. Offer to attend alcohol classes or install an ignition interlock. Plead guilty in exchange for a lighter sentence [6].

A good lawyer knows how to craft a plea deal that satisfies both sides. It’s often better than risking a guilty verdict at trial.

Conclusion

Don’t just accept a DUI charge – fight it! An experienced DUI lawyer can review the details of your case and build a strong defense. Using technicalities like an illegal stop or faulty breath test can get evidence suppressed. Pointing out alternate explanations for your symptoms casts doubt. Negotiating a plea bargain is an option too. With so many ways to defend against DUI, there’s hope for beating the charges.

The best chance at acquittal or dismissal is having an aggressive lawyer challenge every aspect of the arrest. Don’t go it alone against the complex DUI laws. Hire a lawyer right away so they can start working on your defense strategy.