For example, prior to interrogating a person, police are required to read the Miranda warning, which states that you have a right to remain silent. A DWI defense attorney can seek to suppress any statements you allegedly made prior to the police reading the warning.
Another possibility in some cases is to have the charge dropped if the prosecution doesn’t provide information requested by the defense. Typically this information must be provided within a given time frame, and the information must be what the defense asked for and not something else.
DWI charges in New Jersey are largely based on chemical evidence obtained through breath tests and blood tests. Field sobriety tests, which we’ve discussed at length in previous posts, can also be used to determine whether a person is impaired, but without reliable chemical evidence indicating a driver’s blood alcohol concentration, the prosecution is not likely to get a conviction.
At the Law Offices of John J. Zarych, we know how to investigate breath tests and blood tests to determine whether they were administered properly and whether the accuracy of the test was somehow compromised. For example, there are specific rules and time limits for administering breath tests, and if a police officer fails to follow the rules, the charge could be dismissed.
In far too many cases, drivers facing DWI charges simply give up and let the prosecution proceed unchecked. To learn more about placing the full burden of proof on the state, please see our New Jersey DWI overview. We also have a DWI-related video that may prove helpful.