Drunk driving is a serious offense under any state law, including New Jersey. It can carry serious and potentially life altering consequences. However, just because you are charged with a DUI, it does not mean that nothing can be done to dismiss or at least reduce the charges. The state still has to prove that you were intoxicated in order to convict you on the charges. Knowing the four ways the prosecutor can go about doing this can help you with devising a successful DUI defense.
Breath Tests
One common method New Jersey prosecutors use to prove intoxication is to rely on the results of the Alcotest 7110. This machine was designed and manufactured by the Draeger Industries and was first used in 2003. The New Jersey Supreme Court has held that the use of the Alcotest 7110 is scientifically reliable.
Although this may be a fairly reliable measurement of intoxication, there are still many defenses that a good DUI attorney can use to dispute the accuracy of the readings.
Admission of Guilt
It is common for people who are pulled over on suspicion of drunk driving to give an “admission of guilt.” However, this does not mean that the admission can be used against them in court. If the DUI attorney can prove that the admission was obtained illegally, it can be grounds for having it stricken from the record.
Blood Tests
While blood tests are rarely used in DUI arrests, there are still a number of occasions under which the arresting officer may require a blood test in preference to a breath test. The results can be defended in a variety of ways, including showing that the chain of custody on the sample was off.
Field Sobriety Tests
Another way the prosecutor can prove intoxication is by the result of a field sobriety test administered at the scene of the arrest by the arresting officer. In order for a field sobriety test to be accurate, it needs to be conducted properly. However, these tests can be easily attacked by proving that certain subjective elements made the test inaccurate.
Call Us
For more information or to schedule a free consultation with New Jersey DWI attorney Dan Matrafajlo, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.
