If you have been arrested for a New Jersey driving under the influence (DUI), you need to take every step possible to avoid a conviction. There are any consequences linked to a drunk driving arrest and conviction. Fortunately, there are several potential defenses as well. But before you can think about an arrest or a conviction, you need to understand what entails drunk driving under the law and what your obligations are if you are pulled over for suspicion of drunk driving.
Implied Consent
Most New Jersey motorists know that if they are pulled over for suspicion of drunk driving, they can be asked to provide a breath or blood sample to check their blood alcohol content (BAC).
Under New Jersey law, if you are driving on the road, you implicitly consent to submission of a blood or alcohol test if you are pulled over by a law enforcement officer for suspicion of driving while intoxicated (DWI).
Refusal of Implied Consent & Its Consequences
Although you are legally obligated to submit to a blood or alcohol test, you can refuse to do it. However, a refusal can have serious consequences. The law enforcement agent who pulled you over can arrest and charge with an alcohol-related driving crime if you refuse. More importantly, a refusal to submit an alcohol or blood test will also require you to appear before a judge to determine whether you were drunk at the time of the arrest.
If it is determined that you were indeed intoxicated when the officer pulled you over and your BAC was greater than 0.08%, your driving privileges can be revoked for a minimum of 3 months if it was your offense. If you had a prior DWI conviction, your license can be revoked for up to 10 years.
Challenging Your DWI BAC Test Result
Blood alcohol tests are generally more accurate than breathalyzer tests. However, they are not always accurate and there are many grounds to challenge the results. If your New Jersey drunk driving defense attorney can successfully challenge your alcohol test results, it could render it inadmissible in your criminal case and the charges may be dismissed.
Five general defense to challenging alcohol tests are:
- Failure of law enforcement to administer a second blood sample
- Discrepancies in test results
- Errors in testing procedures
- Improper transport, preservation, and storing of blood samples
- Lack of certification by the police officer, phlebotomist, or other individual who administered the test (they must be trained and certified in DWI testing)
The bottom line is depending on the specific facts of your case, your DWI defense attorney may be able to successfully challenge an alcohol test result. But in order to increase the chances of successfully doing so, it is important to immediately hire an attorney after your drunk driving arrest.
Contact Us Today!
If you have been arrested for drunk driving, you should discuss your case, including any potential meritorious motions to suppress, with an experienced New Jersey DWI attorney. For more information or to schedule a free consultation with one of our skilled attorneys, please call Beninato & Matrafajlo Attorneys at Law, LLC at 908-355-7100.
