Articles Posted in DWI Defenses

If you have been charged with a DWI based on a blood sample that you were forced to provide, you need to know your rights. An experienced New Jersey criminal defense attorney can help you do just that. A conviction for driving while intoxicated (DWI) can have long-lasting effects on your ability to drive or be insured. This is why it is vital to act quickly to develop a strong criminal defense.

Drunk driving is a big problem in New Jersey and throughout the United States. According to the Centers for Disease Control and Prevention, about one in three traffic deaths involve a drunk driver. Between 2003 and 2012, approximately 1,816 people were killed in crashes involving a drunk driver in New Jersey. While it is a serious issue, there are also cases in which an individual is unfairly convicted of a DWI based on shoddy evidence, such as a faulty blood test.

Prosecutors usually rely on a defendant’s blood alcohol content (BAC) to establish that he or she was driving while intoxicated (DWI). The basic offense of a DWI in New Jersey consists of an individual operating a motor vehicle with a BAC of 0.08 percent or higher.

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When a driver is arrested on suspicion of driving while intoxicated (DWI), police will conduct a chemical test to measure the driver’s blood alcohol content (BAC). Urine testing is one chemical way that New Jersey police can determine whether a driver was over the legal alcohol limit while driving. Urine testing, however, can be highly inaccurate. If you or someone close to you is facing a DWI charge based on a urine test, our seasoned DWI attorneys may be able to challenge the results.

The National Institute of Drug Abuse found that more than 20 percent of the labs that process urine tests for the presence of drugs and alcohol have reported “false positives.” This means that about 20 percent of the labs reported the presence of drugs or alcohol in drug- or alcohol-free urine samples. BAC results in urine tests are typically inflated because the concentration of alcohol is approximately 1.33 times the concentration of alcohol in blood. Unsurprisingly, New Jersey courts consider urine testing the least scientifically reliable form of chemical test.

Under New Jersey law, the basic offense of a DWI consists of an individual operating a vehicle with a BAC of 0.08 percent or greater. It is important to note that even if your BAC is below 0.08 percent, you can still be convicted of a DWI if your ability to drive was impaired. Essentially, you should not get behind the wheel if your ability to drive has been negatively affected by any substance.

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Being arrested for or being charged with a DWI should not be taken lightly. A DWI conviction can have far-reaching consequences for virtually every aspect of your life. If you have been charged with a DWI, you need to reach out to a skilled New Jersey DWI attorney to discuss the circumstances surrounding your arrest. We can scrutinize the facts of your case and determine whether any defenses may be appropriate.

A DWI charge does not mean you are automatically guilty. Instead, you are innocent until proven guilty “beyond a reasonable doubt” by the State. However, New Jersey law states that a 0.08 percent blood alcohol content (BAC) level alone is sufficient for a DWI conviction. Thus, if your BAC was measured at 0.08 or higher, your defense will typically focus on the reliability and validity of the reading. For example, you may concentrate on whether the breathalyzer was used properly by the officer and whether the machine was working properly. If it is found that the machine was not used correctly or not working correctly, the result may be excluded from evidence.

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