Have you been arrested for DWI in Barnegat, Lacey or Manchester Township? Perhaps you’ve been stopped for driving under the influence of alcohol in one of the smaller communities, such as Island Heights, Seaside Park or Bayhead. The summer months bring out the fun-loving spirit in all of us, but sometimes individuals get a little too loose.
Whether you have recently been ticketed for DWI or received a summons for being under the influence while sitting in your parked car. Were you intoxicated? Maybe. Was that drunk driving charge truly deserved? Maybe, and maybe not. Like many aspects of the law, not every DWI case is completely black and white.
As New Jersey DWI defense attorneys, many of our clients believe they have been unfairly accused. Although some may have actually broken the law, they also understand the consequences of a drunk driving conviction and they want to improve their chances in court. But the people I worry most about are the ones that don’t seek our firm’s advice and counsel. Those are the people that believe they “earned” that summons. Or maybe they believe, incorrectly, that there is no way to fight the charges. But this is the wrong way to look at it.
Something that makes people believe the police have a solid case against them are the breath test results. You should know that blowing a reading over the legal limit — more than 0.08 percent blood alcohol content (BAC) — doesn’t automatically mean you will be convicted of a DUI charge. Don’t think you are out of luck just because the Alcotest machine registers a high BAC.
There are several factors that affect your BAC, and there are also a number of other things that can influence the final breath test reading. For instance, many people don’t realize that a breath-testing machine can often mistake other chemicals for alcohol. Also, burping, hiccupping or vomiting can cause the device to have an incorrect BAC reading.
The reason is that the Alcotest machine is designed to measure the amount of alcohol coming from your lungs. If you burp, hiccup or vomit prior to the test, any alcohol in your stomach can travel to your mouth, something called “mouth alcohol,” which can then cause the machine to return an imprecise BAC reading.
All of our attorneys at The Law Offices of John F. Marshal are fully certified in the operation and maintenance of the Alcotest breath test device. Only 50 or so attorneys in the entire state can make this claim. You should also know that every member of our defense team holds certification in standardized field sobriety testing, as established by the Nation Highway Traffic Safety Administration.
If you need help with a drunk driving or breath test refusal case, the lawyers in our Toms River office are available now at 1-877-450-8301. Call for a free initial consultation. The consequences are far too serious not have a qualified legal professional at your side when you get your day in court.