People who have been charged with DWIs often think of them as some of the worst mistakes of their lives. While dealing with DWI charges can be frightening and humiliating, a lawyer can help you determine the best defense strategies. Exactly what constitutes the best strategy will vary from case to case, and your attorney can help you review your situation to figure out what works for you.
Many successful defense strategies stem from mistakes made by the police that violated your rights. Perhaps they had no probable cause to pull you over in the first place, or their chemical testing equipment was faulty. Maybe they forced you to submit to chemical testing when you did not want to. If the police mess up in serious ways, certain evidence they obtained might be tainted and excluded from the case. If you were recently stopped for a DWI, contact a lawyer to discuss how to protect yourself.
Get a free, private assessment of your case from our NJ DWI defense attorneys by calling the Law Offices of John J. Zarych at (609) 616-4956.
The Best Way to Defend Yourself Against DWI Charges in NJ
Dealing with DWI charges can be extremely difficult, embarrassing, and frightening. The penalties of a DWI might ripple across numerous aspects of your life, especially if you lose your license for a long time. The best way to defend yourself will depend on the specific details of your case. Your first step should be to speak to our experienced NJ DWI defense attorneys.
Defense strategies for DWI cases are somewhat limited, as prosecutors are not permitted to negotiate plea agreements for DWI cases in New Jersey. Instead, you and our NJ DWI defense lawyers must come up with other effective defense tactics. In many cases, defenses are based on insufficient or weak evidence. In others, the evidence might be strong, but it might have been seized in violation of your rights. If this is the case, we can move to exclude evidence from the case so it cannot be used against you.
Possible DWI Defense Strategies in NJ
Developing the most effective defense tactic depends on exactly what happened before, during, and after you were arrested for a DWI. Go over all the facts of your case with your lawyer as soon as possible.
Challenging the Traffic Stop
One possible strategy is to challenge the legality of the entire traffic stop. The police cannot pull you over for arbitrary reasons. There must be an articulable reason for why they stop someone. This counts for almost all traffic stops, not just DWIs.
For example, if the police stop someone because they ran a stop sign but detect an odor of alcohol and notice the driver slurring their speech, they might arrest them for a DWI. However, pulling the driver over simply because they felt like it or had a “hunch” that something was wrong is illegal. Any evidence the police obtain pursuant to an unlawful stop may be suppressed and kept out of your trial.
Challenging Chemical Testing Results
Many DWI charges are based heavily on the results of chemical testing and breath test devices. When the police measure a person’s BAC, their equipment must be in good working condition and recently calibrated for accuracy. One option is to request records about the testing equipment used by the police. If we notice that the equipment is outdated or there are previous issues with inaccurate measurements, we can argue over the trustworthiness of your results.
Even if we cannot have your BAC measurements completely excluded, we might be able to convince a jury that the BAC measurements should not be trusted. All it takes is some reasonable doubt in jurors’ minds to avoid an unfair conviction.
Police Did Not Follow Protocols
Even if all the evidence against you is strong, accurate, and reliable, it might be all for nothing if the police did not follow proper protocol or procedures. If evidence was obtained in a way that violated your rights, we should quickly move to have it excluded from the case.
One example of police misconduct in a DWI case is forced chemical testing. Chemical testing post-arrest is legally required, and all drivers on public roads, streets, and highways are said to have impliedly consented to chemical testing under N.J.S.A. § 39:4-50.2(a). However, the police cannot force you to submit to testing.
Refusal to submit to chemical testing is illegal under § 39:4-50.4a and may be met with penalties in addition to those for the DWI. Even if someone is not convicted of the DWI, they might still face penalties for refusal. The police must advise drivers of the consequences of refusal but not force them into submission. If they forced you, we can move to have the evidence of chemical testing and your BAC excluded.
What to Do to Protect Yourself if You Are Stopped by the Police for a DWI in NJ?
If you are stopped for a suspected DWI, how you behave during the stop might significantly impact your case and how the police treat you. First, you should always do your best to cooperate. Do not resist the police. Resisting the police might only get you in more trouble. It might also make them a lot less willing to show leniency.
While you should not resist the police when they stop you, you may refuse to submit to certain roadside tests they might conduct to determine if you are intoxicated. For example, the police might ask you to hop on one foot, walk in a straight line heel-to-toe, or follow a pen with only your eyes. These field sobriety tests might help the police gather probable cause to arrest you, but they are not legally mandatory. There are no penalties for refusing to engage in field sobriety tests.
Sometimes, the police will use a small, portable breath testing device to measure a driver’s BAC while still on the side of the road. While chemical testing is mandatory, it is only mandatory after you are arrested. Roadside testing is voluntary, and you do not have to agree to be tested. Refusing these tests might help you as it prevents the authorities from collecting evidence against you.
Contact Our NJ DWI Defense Lawyers for Help Fighting Your Charges
Get a free, private assessment of your case from our NJ DWI defense attorneys by calling the Law Offices of John J. Zarych at (609) 616-4956.
