If you have been charged with driving while intoxicated (DWI) either because of drugs or alcohol, you need to contact a New Jersey DWI defense lawyer as soon as you can. Whether it is your first offense or you have had prior convictions, we can help. We know the stakes are high, which is why we are committed to vigorously defending the rights of our clients from the moment we are hired.
Hoboken Police charged a New York man and a Jersey City woman with DWIs in separate incidents on St. Patrick’s Day. The 34-year-old man was pulled over when a police officer saw him speeding. When the police officer approached the man’s vehicle, there was an odor of alcohol emanating from the window. The man refused to do a breath test and failed field sobriety test.
That same day, a 25-year-old woman was charged with a DWI after her Jeep was involved in an accident with another car. The officers in that case said they could smell alcohol on the woman’s breath and also saw a cup that they believe contained alcohol inside the vehicle. Officers described the woman as being slow, dazed and confused. She failed a field sobriety test and her blood alcohol content (BAC) was determined to be over the legal limit once she provided a breath sample at the police station.
DWI Accidents Spike on St. Patrick’s Day
Sadly, St. Patrick’s Day, which falls on March 17 of every year, is a deadly holiday on American roads. According to the National Highway Traffic Safety Administration (NHTSA), 39 percent of all auto accident deaths involved drunk drivers during the 2016 St. Patrick’s Day holiday. The early hours of the following day are also dangerous. NHTSA found that between midnight and 5:59 a.m. on March 18, nearly 69 percent of all auto accident deaths involved drunk drivers. From 2012 to 2016, nearly 38 percent of the drunk-driving deaths during this holiday period-involved drivers who had a BAC above the .08 legal limit, with 269 drunk-driving deaths total.
Defending a DWI New Jersey Charge
When you are charged with a DWI, you are presumed innocent. The state bears the burden of proving every element of the DWI ‘beyond a reasonable doubt’ – the highest standard in the legal system. If the state does not meet its burden of proof, you will not be found guilty. Even if the state has a strong case, there may be many defenses that you can use in your case including, but certainly not limited to:
- There was no reasonable suspicion to pull you over. Police are not allowed to make arbitrary stops. Rather, they must have reasonable suspicion supported by articulable facts that a traffic violation or criminal activity was taking place.
- Your breathalyzer test results were unreliable or inaccurate either because the equipment was faulty or not calibrated properly.
- The field sobriety test was not administered properly. If police officers do not follow certain protocols when administering the test, the evidence obtained through the test may be unreliable and, in some cases, even inadmissible.
- You weren’t operating the motor vehicle. While it is rare, you may be able to use this defense if it can be established that you had consumed alcohol but you weren’t “operating” the motor vehicle at the time you encountered the police officer.
Hire a Seasoned New Jersey DWI Attorney
If you have been charged with a DWI or refusal to submit to a breath test in New Jersey, you will want fierce representation in your case. These charges can have life-changing consequences for you, your family and even your job. Our hard-working New Jersey DWI attorneys understand the seriousness of these charges and will vigorously advocate for your rights every step of the way. Call us today 877-450-8301 or contact us online.
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