New Jersey, like many other states, takes DUIs quite seriously and offenders
may face potentially severe consequences if convicted, even if it is a
first offense. Penalties for first offenses may include license suspension,
hefty fines, and even jail time. If you refuse to submit to a breathalyzer,
you will face at least seven months of license revocation. You do not
have to face this alone, however. With the proper defense, you may be
able to put this behind you, or achieve a lesser charge.
Defense for a DUI
Prosecutors would like you to believe that a
DUI charge will lead to an automatic conviction, but that is not the case.
Here are some important points that can help your defense:
- Were you asked to perform standardized field sobriety tests? These are
not reliable evidence for a DUI conviction. According to the DUI DWI Foundation,
the horizontal gaze nystagmus test has 77% accuracy and the one-leg stand
is accurate only 65% of the time. Neither the federal government nor medical
science personnel consider these tests valid proof of intoxication.
- Did the officer have probable cause to pull you over? Watching someone
walk out of a bar does not count as probably cause for pulling a driver
over. Unless you were wavering in your lane or crossing lines, pulling
you over may have likely been a violation of your rights and the case
can possibly be thrown out.
- There were likely videos or dispatch tapes recording everything that took
place, so any claims of you being hostile or non-compliant can easily
- Was the person who conducted the breath test license? Was that license
expired? Licenses expire every three years, so if it was expired or the
individual was unlicensed to perform such a test, this could be part of
- Was the breathalyzer equipment functioning properly? If the prosecutor
cannot show that the breathalyzer was functioning or prove that procedures
were followed, this could also help your case.
- Are you in good health? Many things can impact the results of a breathalyzer
test, including certain medical conditions, or even the use of an asthma
spray or cough drops.
Get the Representation You Deserve
At the New Jersey law office of Alan M. Liebowitz, Esq., LLC, Mr. Liebowitz
recognizes the challenges in defending a client charged with drunk driving.
These are obstacles he is prepared to overcome. Mr. Liebowitz can help
protect your rights and work to help achieve the best possible outcome
in your situation, so do not allow law enforcement to coerce you into
If you have been arrested or accused, call the firm today at
(201) 340-9338 to schedule a free consultation.