How DUI Lawyers Defend Cases in New Jersey

How Do DUI Lawyers Defend Cases in New Jersey?

If you’ve been charged with a DUI in New Jersey, you’re probably freaking out right now. What’s going to happen to your license? Will you go to jail? Lose your job? Not to worry – a good DUI lawyer can help. Let’s take a look at how DUI lawyers defend cases in NJ so you know what to expect.

The first thing your lawyer will do is review the details of your case. They’ll want to know things like:

• What were the circumstances leading up to your arrest? Where were you coming from, where were you going, what time was it, etc. Giving your lawyer the full picture helps them start poking holes in the prosecutor’s story.
• What kind of field sobriety tests did the officer make you do? These tests are notoriously unreliable, and there are literally hundreds of things that can cause you to fail them besides alcohol intoxication.
• How did the breathalyzer test go down? Did they read you your rights, let you call a lawyer, observe you for 15-20 minutes beforehand? Any tiny procedural mistake can get the breath test thrown out as evidence.
• What exactly did the officer say in their police report about your speech, balance, eyes, etc? Police reports can be exaggerated or downright wrong, and your lawyer can challenge inconsistencies.

Once they’ve reviewed the details, your DUI lawyer will dig into the legal side, looking at things like:

• Was there reasonable suspicion to pull you over in the first place? If not, your lawyer can argue an illegal stop.
• Did the officer properly administer the field sobriety tests per their training? If not, the results can be called into question.
• Were you coerced or confused when consenting to a breath test? If so, your lawyer will challenge this to get the breath results tossed.
• Do any of your prescriptions or medical conditions explain the signs of intoxication the officer claimed to observe? Lawyers can bring in medical records and expert witnesses to challenge the officer’s subjective observations.

See how this is going? By picking apart the arrest from every angle, a skilled DUI attorney can dismantle the prosecutor’s case bit by bit.

Now let’s talk defenses – the most common ways lawyers beat DUI charges in New Jersey:

Lack of Reasonable Suspicion for the Stop

Cops can’t just pull you over for no reason – they need “reasonable suspicion” that you’ve committed an offense. Weaving a bit, for example, is not enough to justify a stop. If the reason for the traffic stop was weak, a good lawyer can get everything that happened after the stop thrown out.

Challenging Field Sobriety Tests

These roadside gymnastics – following a pen with your eyes, walking a straight line, standing on one leg, etc. – are notoriously faulty. Research shows they only accurately detect intoxication about 50-70% of the time. Conditions like fatigue, nerves, injuries and inner ear problems can all cause someone to fail the tests even when stone cold sober. A skilled lawyer picks apart the officer’s administration of the tests and educates the jury on their unreliability.

Fighting the Breath Test

Breathalyzers seem scientific and definitive, but they’re actually very beatable. First, the machine itself could be improperly calibrated or maintained. But more often, it’s the human error in how the test was administered that leads to the results getting tossed. If the officer didn’t observe you for 15-20 minutes beforehand, didn’t read your rights, didn’t let you call a lawyer, or made any other procedural mistake, your lawyer can get the breath test excluded.

Attacking the Officer’s Observations

In every DUI case, the officer will describe telltale signs of intoxication they claimed to observe – bloodshot eyes, slurred speech, stumbling, etc. But studies show officers have no special skill at detecting drunkenness. Your lawyer can fight this subjective perception by bringing in medical records, expert witnesses and questioning the officer’s credibility.

As you can see, an experienced DUI lawyer has many strategies to get charges reduced or dismissed entirely. While every case is different, with thorough preparation and aggressive defense, many people charged with DUI ultimately end up with a positive outcome. So don’t panic, and make sure to call an attorney as soon as possible after your arrest. With their help, you can get through this difficult time and move on with your life.