Having a drink, whether at a social gathering, at a restaurant or with a friend, can be fun. However, if you have too many and choose to get behind the wheel and drive, the fun can quickly turn into disaster. Drunk driving, unfortunately, is more common than most of us think. In 2012, 29.1 million Americans admitted to driving under the influence of alcohol – this number is more than the population of Texas!
`However, not all alleged drunk drivers deserve to be convicted. Law enforcement, like the rest of us, can make mistakes. If you or a loved one is facing a drunk driving charge, it is in your best interest not to automatically plead guilty. Instead, you should immediately consult with an experienced New Jersey drunk driving attorney.
Considering Pleading Guilty? Consider This!
If you are charged with drunk driving and are considering pleading guilty, it is important to consider the fact that drunk driving is a defensible charge. This means that if you hire an experienced DWI attorney, he may be able to investigate the specific facts of your case and put together strong defenses that may either reduce or dismiss your drunk driving charge altogether.
Below are some affirmative defenses to drunk driving charges.
- Necessity – You were forced to drive after having consumed alcohol in order to prevent a greater evil.
- Duress – You drove under the influence in order to avoid serious injury or death.
- Entrapment – A law enforcement personnel requested that you drive drunk. You must also prove that you would not have been predisposed to driving drunk if not for the alleged entrapment.
- Mistake of fact – You honestly believed that you were not intoxicated.
- Involuntary intoxication – You consumed alcohol without knowing it – such as consuming a beverage that was “spiked” at a party.
Other common defenses to drunk driving include:
- The officer lacked probable cause for the initial stop that led to your drunk driving arrest.
- The police officer improperly administered the field sobriety test, which yielded inaccurate results that ultimately led to DWI charges against you.
- The police officer improperly administered a Breahalyzer test, which in turn yielded inaccurate results.
- The result of your blood or other chemical test was tampered with or otherwise mishandled in the chain of custody.
The bottom line is that you should not simply plead guilty to a DWI charge. It is in your best interest to hire an experienced and aggressive drunk driving lawyer to investigate the specific facts of your case and to devise a strong defense that can dismiss the charges against you.
Call a DWI Attorney in New Jersey
If you or someone you know has been issued DWI citation or arrested for drunk driving in New Jersey, an experienced attorney can help. For more information or to schedule a free consultation with New Jersey DWI attorney Dan T. Matrafajlo, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.
