How to Get DUI Charges Reduced or Dismissed in New Jersey

How to Get DUI Charges Reduced or Dismissed in New Jersey

Getting arrested for DUI can be scary. Your mind races with questions and concerns about losing your license, paying fines, or even going to jail. But there is hope – skilled DUI defense lawyers know how to build strong cases to get charges reduced or even dismissed. This article explains common defenses and strategies they use.

Understanding DUI Charges in New Jersey

New Jersey DUI laws seem complicated, but basically boil down to proving you operated a vehicle while impaired. Common charges include:

• DWI – Driving while intoxicated – for drivers with a BAC of 0.08% or more. This is the most serious DUI charge.
• DUI – Driving under the influence – for drivers impaired by alcohol or drugs, even below 0.08% BAC.
• Underage DUI – Drivers under 21 with ANY detectable alcohol in their system.

Penalties get harsher for repeat offenses or if someone gets hurt. But even first offenses carry heavy fines, license suspension, and possible jail time.

The good news? By law police must follow strict procedures when making DUI arrests. Savvy lawyers exploit any mistakes to weaken the prosecution’s case. Let’s explore common defenses.

Attack the DUI Traffic Stop

Cops can’t just randomly pull drivers over to check for DUI. They need “reasonable suspicion” you committed some traffic violation first. Common pretexts include swerving, improper lane changes, or broken taillights.

But sometimes these “reasons” are exaggerated or even fabricated. Skilled lawyers demand proof, scrutinizing police reports and dashcam video for inconsistencies. If they find mistakes, the whole case could get tossed out.

Challenge Field Sobriety Tests

Once pulled over, officers put drivers through “field sobriety tests” like walking heel-to-toe or standing on one leg. Failing these tests seems to “prove” intoxication.

But they are completely subjective – the officer just eyeballs your performance. Minor mistakes get exaggerated into “clues of impairment.” Many innocent things also look like “fails” – like injuries affecting balance or coordination.

A good lawyer will argue you performed just fine. Or that conditions like bad weather or a slanted roadside unfairly impacted the tests.

Fight the Breath and Blood Results

After arrest, police use breathalyzers or blood draws to measure BAC. But the machines and procedures are far from perfect.

Breath tests get thrown out if the machine wasn’t properly calibrated or the officer didn’t follow protocols. Blood draws face scrutiny too – was the equipment sterile? Were samples stored and handled properly?

Even if tests were done right, lawyers dig into the science, questioning how accurately they measure “impairment.” Just tiny errors in reported BACs can make a huge difference in charges and penalties.

Raise Alternate Explanations

Sometimes there are good reasons for poor driving, failed sobriety tests, or even elevated BAC unrelated to impairment.

Medical conditions like diabetes or inner ear problems can cause loss of balance, dizziness, or disorientation easily mistaken for intoxication. Some lawful prescription medications also cause side effects like drowsiness.

And elevated BAC doesn’t always mean “drunk”. Your last drink may have still been absorbing into the bloodstream when tested. Or BAC went up faster because you weigh less. Women in particular often register higher BACs than men of similar size after the same number of drinks.

A good lawyer will argue these alternate explanations create reasonable doubt.

Exploit Legal Technicalities

New Jersey’s DUI laws have many complex technical requirements about how police make arrests, gather evidence, and conduct testing. Skilled DUI attorneys comb through the reports to find any slip-ups.

Common technical mistakes include:

• Failure to read driver their rights (Miranda warnings)
• Not following time limits for administering breath/blood tests
• Incorrect paperwork or procedures for license suspensions
• Clerical errors in documents submitted to court

Seemingly minor paperwork problems can still create enough doubt to get charges reduced or dismissed.

Negotiate Plea Bargains

If defenses against the DUI itself seem weak, lawyers leverage their arguments in negotiations with the prosecutor. It’s common to bargain charges down in exchange for a guilty plea.

Typical deals include:

• Pleading to reckless driving instead of DUI
• Pleading to a lower-tier DUI charge
• Dismissing additional citations like speeding

Lesser charges mean lower fines, shorter license suspensions, and fewer points on your record. For first offenses, sometimes prosecutors agree to divert programs to avoid convictions altogether.

Conclusion: Don’t Go It Alone

Fighting DUI charges is complicated. The laws seem stacked against drivers. That’s why it’s so important to have an experienced DUI defense lawyer in your corner.

Police make mistakes. Field sobriety and chemical tests have limitations. And the legal system offers protections you may not even realize. The right lawyer knows how to identify and exploit weaknesses in the state’s case to put you in the best position possible.

Every case is different. But people can and do beat DUI charges in New Jersey every day. So don’t lose all hope of avoiding harsh penalties if you or a loved one gets arrested. Help is out there!