Can a lawyer realistically beat a DWI in New Jersey?

The State of New Jersey has begun to crack down on driving under the influence (DUI) and the numbers over recent years show that DUI fatalities have substantially decreased over the past two decades. State police and local law enforcement departments regularly operate sobriety checkpoints throughout the state in an effort to demonstrate to the public there is zero tolerance for drivers who choose to drink and drive. Although these DUI checkpoints have been effective, occasionally people get falsely arrested when their blood alcohol concentration (BAC) is tested incorrectly. Individuals that have been arrested will need help from a NJ DUI lawyer.

DWI Penalties in the Garden State

Most New Jersey police officers pull people over for suspicion of a DUI when they observe motorists driving erratically. The next thing they look for is the physical appearance of the individual, such as bloodshot eyes, slurred speech or the smell of alcohol on the suspect’s breath. New Jersey’s implied consent laws require all licensed drivers to submit to a chemical test to determine their BAC. The penalties for first-time offenders with a BAC of .08 percent but less than .10 percent are:

• License suspension for 3 months
• Fines ranging between $250 to $400 will be imposed
• Fee of $230 paid to the Intoxicated Driver Resource Center (IDRC)
• Insurance surcharges of $1,000 for a three-year period
• Up to 30 days in county jail
• Mandatory 12 to 48 hour spend in an IDRC program

Second and third offenses carry much harsher penalties with the possibility of a 6-month jail term.

Defending Your Case With New Jersey Lawyer

The primary tool a defense attorney will use is to question the accuracy of the chemical test. Many Breathalyzer machines have been known to give inaccurate results when the machines are not calibrated properly or the person operating the machine was not qualified to administer the test. In addition, the officer must have probable cause to pull the driver over. A skilled defense lawyer will question the validity of all the evidence obtained by the prosecution. Depending upon the circumstances of the case, it’s possible that the judge will rule that some evidence may be inadmissible in court. If you have been arrested, contact a NJ DUI lawyer right away for help.