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Driving while intoxicated (DWI) is a serious offense in New Jersey that can have severe consequences on your driving privileges, finances, and even your freedom. If you’ve been charged with a DWI in the state of New Jersey, knowing your legal rights and defense options is essential. In this article, we’ll discuss some of the most effective defenses against DWI charges.
If you’re facing a DWI charge in New Jersey, employing an experienced attorney who can help protect your legal rights is critical. The following are some common defenses against DWI charges:
| # | Defense Strategy | Description |
|---|---|---|
| 1 | Rising Blood Alcohol Content (BAC) | If the driver consumed alcohol just before driving, their BAC might be still on the rise, and a blood test could show lower BAC than at the time of arrest. |
| 2 | Inaccurate Breath Test | The breathalyzer can generate false results if the device is not calibrated or maintained correctly, the test was not administered accurately, or the driver has medical conditions that affect the breathalyzer readings. |
| 3 | No Probable Cause for Traffic Stop | If the officer had no reasonable suspicion that the driver was breaking any law or had committed any traffic violation, the traffic stop is unconstitutional and any evidence obtained as a result of the stop should be suppressed. |
| 4 | Illegal Roadside Testing | If the officer asked the driver to perform a field sobriety test but the driver didn’t provide consent or was forced to do it, or the test was not communicated well, the results might not be accurate or admissible in court. |
| 5 | Medical Conditions | Some medical conditions, such as acid reflux, asthma, or dental problems, can affect the breathalyzer results or cause false indications of intoxication. |
| 6 | Violation of Constitutional Rights | If any evidence against the driver was obtained illegally, such as an illegal search, violation of Miranda rights or coerced confession; the evidence should be suppressed. |
While combating a DWI charge on your own might appear to save money initially, hiring an experienced DWI lawyer is critical. The legal procedures associated with DWI charges are complex and require specialized expertise. An experienced DWI attorney can challenge flawed evidence using various factors such as scientific knowledge in physiology and toxicology.
At Todd Spodek Law Firm, we have extensive experience defending DUI/DWI charges throughout New Jersey. We understand how to build effective defenses based on your specific circumstances and are knowledgeable about NJ’s complex and ever-changing DUI laws. Our team works diligently to challenge all forms of evidence, including results from breath or blood tests, field sobriety tests, and any other evidence that may be used against you.
Our proven track record in handling DWI cases speaks for itself. We have successfully defended numerous clients charged with DUI/DWI and related offenses in New Jersey. Contact us today to schedule a free initial consultation to discuss your legal options. We’ll work to ensure your rights are protected, your defenses are strong, and we’ll provide expert guidance every step of the way.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS