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 be debunked.
- 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 your defense.
- 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 pleading guilty.
If you have been arrested or accused, call the firm today at (201) 340-9338 to schedule a free consultation.