Experienced. Aggressive. On Your Side.

3 potential defenses against a DWI charge in New Jersey

On Behalf of | Aug 12, 2020 | DWI Defense |

After receiving a drunk driving charge, it can be tough to see a way out of the consequences that you may face. But you can find comfort in knowing that you aren’t first person to go through a DWI trial.

In many cases, those accused of a DWI have been able to successfully fight for lower penalties or even have their cases dismissed in court. Plus, teaming up with an experienced lawyer with can help build an even stronger path to defense.

Here three defenses to consider as you begin the legal process:

  1. Unreliable sobriety test

Police officers often use field sobriety tests to confirm their suspicion that someone was driving while intoxicated. So, when someone demonstrates poor coordination during the one-leg stand test, then they might use this as evidence for an arrest. However, the suspect might be able to show proof of a medical condition that caused their test performance to suffer. Or, maybe, the officer told the test-taker to hold their foot up much higher than six inches, which caused them to lose their balance.

  1. Unlawful stop

Before a police officer asks a suspect to pull over, the driver must be displaying suspicious behavior. Whether the driver is making abrupt stops, driving slowly or outside of a designated lane, doesn’t matter, but there must be a signal that someone is too unstable to be behind the wheel. If there wasn’t a reasoning behind the traffic stop, then it’s possible that it was illegal.

  1. Inaccurate BAC

In addition to sobriety tests, there can be also be flaws in the administration of breathalyzer tests. The police officer might not have had legitimate training one how to use a breathalyzer device. Or they might use the device properly, but there could be a calibration or software problem that might lead to an inaccurate blood alcohol content (BAC) reading.

Whether you know exactly where your traffic stop might have gone wrong or the event was somewhat of a blur, a dedicated criminal defense attorney can help you seek justice.