Defending The Prosecution’s Proof of Intoxication In New Jersey DWI Cases
You only consumed a couple of alcoholic drinks, but you still made the poor choice of getting behind the wheel. Just as you pulled onto the road you saw the flashing lights and heard the sirens of a police car behind you. The sobering truth of the possibility of a drunk driving charge makes your life flash before your eyes. The heavy fines, insurance premium increase, the possibility of losing your driver’s license and even facing jail time can quickly become a reality.
Although these harsh consequences are all possible under the strict drunk driving laws of New Jersey, it does not mean that a drunk driving arrest will automatically result in a conviction. The prosecution does not have an open shut case. In order for you to get convicted on the drunk driving charges, the prosecutor needs to prove up his or her case. In other words, the prosecution will need to show sufficient proof that you were in fact intoxicated at the time of the arrest.
Defenses To a Claim of Intoxication
If you were arrested for drunk driving and face the possibility of conviction on these charges, it is important to immediately consult with an experienced New Jersey drunk driving attorney. A good attorney will conduct a detailed investigation of the facts of your case and the circumstances surrounding your drunk driving arrest to devise a strong defense strategy that will help prevent the prosecution from proving his or her intoxication case against you at trial.
Below are two common defenses that may be an option depending on the specific facts of your case.
- Unreliability and Inaccuracy of Chemical Tests. One of the most common defenses used by drunk driving attorneys is the unreliability and inaccuracy of the breath and blood tests. If your lawyer is able to prove that the result of your blood alcohol content (BAC) test is invalid, it may lead to the dismissal of the charges against you.
- Invalidation of Field Sobriety Tests Administered At the Time of Arrest. Another common and often successful DWI defense is invalidating the results of any field sobriety test that was administered at the time of the arrest. An arresting police officer may administer a variety of different types of field sobriety tests to prove you are intoxicated. These tests are typically not very effective. Statistics show that these tests are only 65-75% accurate and rarely constitute as sufficient evidence on their own for a DWI conviction.
In order for your New Jersey DWI lawyer to determine what type of defense will be most effective in defending the drunk driving charges against you, he will need to thoroughly investigate the specific facts of your case.
Contact an Experienced New Jersey DWI Lawyer Today!
Have you or a loved one been arrested for drunk driving in New Jersey? If so, you should immediately call New Jersey DWI attorney Dan Matrafajlo at 908-248-4404 to schedule a free consultation. Our team of attorneys has the necessary experience to deal with prosecutors, police and the courts to get the best possible outcome for your DUI case.