In New Jersey, the consequences of a DWI arrest can be severe. If you are convicted, then you may be facing significant penalties such as a costly fine, a license suspension, and even a jail sentence. Fortunately, by hiring legal representation quickly after your arrest, you may be able to identify an effective defense.
Potential defenses used in DWI cases can range from challenging the legality of the initial traffic stop or arrest to contesting the accuracy of field sobriety tests and breathalyzer tests. These defenses aim to cast doubt on the evidence presented by the prosecution and highlight factors that could undermine the case being made against you. If your defense is successful, you may be able to beat the DWI charge and avoid serious penalties.
Get assistance from our experienced DUI and DWI defense attorneys at the Law Offices of John J. Zarych by calling (609) 616-4956.
Possible Defenses Used in New Jersey DWI Cases
There are many different defenses that can be utilized in New Jersey DWI cases. After reviewing the circumstances of your arrest, our DUI and DWI defense lawyers can determine if any of the following strategies may be employed in your case:
Challenge the Legality of Your Traffic Stop or Arrest
One potential defense against a DWI charge in New Jersey involves challenging the legality of the initial traffic stop or arrest. In order to pull you over, law enforcement must have a reasonable and articulable suspicion that you are breaking the law. If no such suspicion existed in your case, then you may be able to challenge the legality of your traffic stop.
Assert that Your Field Sobriety Tests Were Inaccurate
You can also defend against a DWI charge by asserting that your field sobriety tests were inaccurate. Field sobriety tests like the walk-and-turn test or horizontal-gaze-nystagmus test are regularly utilized by officers to assess a drivers’ impairment levels. However, these tests are subjective and can be affected by various factors such as medical issues or anxiety.
You may be able to challenge the accuracy of these tests, especially if an officer gave improper instructions or failed to consider alternative explanations for your poor performance. Furthermore, you may question the conditions under which your tests were performed and whether they were administered appropriately.
Discredit Breathalyzer and Blood Test Accuracy
You may also discredit the accuracy of breathalyzer tests and blood tests. Breathalyzers can provide false readings if not calibrated correctly. Moreover, blood tests can be compromised during the collection, storage, or analysis phases.
Fortunately, our team can review the maintenance records of testing equipment and assess collection procedures, potentially uncovering errors that cast doubt on the reliability of your test results.
Establish a Violation of Miranda Rights
If you were not informed of your Miranda rights, which encompass your right to remain silent and your right to an attorney, any statements you made during the arrest might be inadmissible in court. This is an essential safeguard to ensure that your statements are given voluntarily and without any coercion.
If law enforcement failed to properly inform you of these rights, it could significantly weaken the prosecution’s case against you. Our legal team will closely examine the circumstances of your arrest to determine whether your rights were upheld and if any statements you made can be excluded from the case.
Argue for Necessity or Duress
In rare cases, a defense strategy based on necessity or duress may be used. This involves arguing that the driver had no choice but to operate a vehicle while intoxicated in order to avoid a more significant harm, such as a medical emergency.
While this defense is challenging to prove, it can be employed under certain circumstances. You would need to gather evidence that substantiates the claim of necessity or duress, demonstrating that there was a genuine and imminent threat that forced the driver to operate the vehicle under the influence.
Should You Talk to the Police After Being Arrested for DWI in New Jersey?
If you’ve been arrested for DWI in New Jersey, it’s absolutely crucial that you avoid talking to the police without legal representation. This advice is rooted in the fundamental principle that anything you say can and will be used against you in court. Remember, law enforcement officers are trained to gather evidence after arrests in order to build their cases. Accordingly, even if intended innocently, what you say can be misconstrued and used to strengthen the prosecution’s position.
Speaking to the police without our lawyers present can inadvertently provide the officers with information that is not in your best interest. For example, admitting to certain details or attempting to explain your situation might inadvertently weaken potential defenses or inadvertently incriminate you further.
Fortunately, our legal team understands the intricacies of DWI laws and know how to navigate interactions with law enforcement officer. By having a member of our legal team present during police questioning, you can ensure that your statements align with a strategic defense strategy.
Should You Refuse a Breathalyzer Test After Being Pulled Over for DWI in New Jersey?
In New Jersey, refusing to take a breathalyzer test when requested by law enforcement is a decision that can have serious legal consequences. While it’s natural to feel uncertain about submitting to such a test, it’s important to understand that refusing a breathalyzer test is considered a separate offense, known as a “refusal” outlined by N.J.S.A. § 39:4-50.4a, and it carries its own set of penalties.
Upon a first refusal of a breathalyzer test, a mandatory license suspension ranging from seven months to one year can be imposed. This may be accompanied by a fine ranging from $300 to $500.
For a second instance of refusal, the potential consequences become more severe. A driver’s license suspension of up to two years may be enforced, and a fine within the range of $500 to $1000 may be levied.
In cases of a third or subsequent refusal to submit to a breathalyzer test, the stakes are even higher. There is a possibility of a ten-year license suspension, and a fine ranging from $1000 to $2000 may be imposed.
Contact Our DWI and DUI Defense Attorneys for Help with Your Case in New Jersey
Seek guidance from our experienced DUI and DWI defense lawyers by calling the Law Offices of John J. Zarych today at (609) 616-4956.
