A DWI charge is a very serious matter that can affect your family and you for the rest of your lives. If you have been charged with a DWI, perhaps the most important decision you will make will be the attorney and law firm you hire to represent you. With years of experience, our diligent New Jersey DWI attorneys understand how to navigate complex DWI cases. We are committed to providing professional and detail-oriented representation at every step of the way.
Earlier this month, a New Jersey woman was arrested and charged after her car ended up on train tracks in Weehawken. The incident took place at around 3 a.m. when Port Authority Police received a phone call about a car stopped on the light rail tracks near the Lincoln Tunnel. When police arrived at the scene, they gave the 37-year-old woman an alcohol test through a Breathalyzer test, and she failed. She was then charged with DWI and reckless driving. The car was impounded, and New Jersey transit deemed the tracks safe.
Driving while intoxicated (DWI) is an offense committed when a driver operates a motor vehicle after the consumption of alcohol or drugs. An increased alcohol level in the driver’s blood significantly increases the risk of the driver committing errors in judgment and also increases a driver’s reaction time. In New Jersey, just as in other U.S. states, drunk driving is a primary cause of motor vehicle-related fatalities.
In New Jersey, the blood alcohol content (BAC) limit is set at 0.08 percent for drivers over 21 years of age. It is set at 0.01 percent for those under 21 years of age and 0.04 percent for commercial drivers. Under New Jersey’s “implied consent” laws, all drivers who have a New Jersey license automatically provide consent to have their BAC tested if they are stopped by a law enforcement officer while driving. This can be done through a Breathalyzer test or a number of other ways.
Whether it is your first offense or a subsequent offense, the state has the burden of proving a DWI. There are certain legal rules and regulations that must be followed throughout the process, and you may be able to challenge the DWI through a number of defenses. For example, in the case above, the woman could potentially challenge the results of the Breathalyzer if there is evidence to suggest that the breath test machine malfunctioned (i.e., was not calibrated properly, had timing issues, etc.), and the reading was incorrect. In addition, she could challenge the results of the breath test if specific protocols that are required by law were not followed by the police when the test was being administered.
DWI charges, even for a first offense, should never be taken lightly, since a DWI conviction can follow you for the rest of your life. If you have been charged with a DWI, you need to get help from a skilled New Jersey DWI lawyer. Our practice is dedicated to defending individuals who have been charged with DWIs in New Jersey. You can trust that we will tirelessly work on your case in an effort to achieve a favorable result. For more information, call us today at 877-450-8301 or reach out to us online.
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The Rules on Drinking and Biking in New Jersey