Facing a DUI charge in New Jersey can be overwhelming, but it’s important to remember that you have legal rights and defenses available. A DUI conviction can carry harsh penalties, including fines, license suspension, and even jail time. However, with the help of an experienced DUI defense lawyer, you may be able to challenge the charges and potentially reduce or dismiss them.
This blog will explore key defenses in DUI cases and explain how a criminal defense lawyer can support you through the legal process.
Understanding DUI Charges in New Jersey
In New Jersey, driving under the influence (DUI) is a serious offense. If you are pulled over and have a blood alcohol concentration (BAC) of 0.08% or higher, you can be charged with a DUI. The penalties for a DUI conviction increase based on several factors, including prior offenses, the severity of the DUI, and whether there were aggravating circumstances such as reckless driving or causing an accident.
First-Offense DUI Penalties:
- Fines between $250 and $500
- License suspension of up to 1 year
- Potential jail time of up to 30 days
- Mandatory alcohol education courses
Subsequent offenses carry even harsher penalties, including longer jail sentences and mandatory ignition interlock devices. It’s important to understand that every DUI case is unique, and your defense will depend on the specific facts of your case. This is where an experienced DUI defense lawyer can provide valuable assistance.
Key Defenses for DUI Charges in New Jersey
When facing DUI charges, there are several potential defenses that a skilled criminal defense lawyer can use to fight the case. Here are some of the most common defenses to DUI charges:
1. Challenging the Legality of the Traffic Stop
One of the first things your lawyer will examine is whether the police had a valid reason for pulling you over. In New Jersey, law enforcement must have "reasonable suspicion" to stop a vehicle. This could include erratic driving, speeding, or another traffic violation. If your attorney can prove that the traffic stop was conducted without reasonable suspicion, any evidence obtained during the stop (including BAC test results) may be inadmissible in court, leading to a dismissal of your DUI charge.
2. Questioning the Accuracy of BAC Test Results
Breathalyzer tests and blood tests are used to measure your BAC, but these tests are not foolproof. Several factors can affect the accuracy of a breathalyzer test, including improper calibration of the device, incorrect administration of the test, and the presence of certain medical conditions (such as acid reflux or diabetes) that can produce falsely elevated BAC readings. A knowledgeable DUI defense lawyer will scrutinize the procedures followed during your BAC test and may challenge the reliability of the results.
3. Arguing Against Field Sobriety Tests
Field sobriety tests (FSTs), such as the walk-and-turn or one-leg stand tests, are often used by officers to assess whether a driver is under the influence. However, these tests can be highly subjective, and many factors other than intoxication can affect performance. Fatigue, poor balance, medical conditions, or even nervousness can lead to poor results on an FST. Your attorney may challenge the officer’s interpretation of your performance on these tests to weaken the case against you.
4. Medical Conditions Affecting BAC Readings
Certain medical conditions can result in inaccurate BAC readings. For instance, people with gastroesophageal reflux disease (GERD) or acid reflux may have alcohol vapors from their stomachs affect the results of a breathalyzer test. Similarly, diabetics experiencing ketoacidosis can produce isopropyl alcohol, which can be mistaken for ethanol in breath tests. If you have a medical condition that could have impacted your BAC reading, your DUI defense lawyer may use this information to challenge the validity of the test results.
5. Challenging the Arrest Procedures
Police officers are required to follow strict protocols when arresting individuals for DUI. If the arresting officer failed to read your Miranda rights or violated your Fourth Amendment rights by conducting an illegal search, your lawyer may be able to argue that the charges should be dropped. Additionally, your attorney will examine whether the officer followed proper procedures during the DUI stop and arrest, including whether there was probable cause for the arrest.
The Role of a DUI Defense Lawyer in Fighting Your Charge
Fighting a DUI charge on your own can be difficult and overwhelming, especially when navigating New Jersey’s complex legal system. A seasoned DUI defense lawyer will not only develop a strong defense strategy but also advocate for you at every step of the legal process.
Here’s how a criminal defense lawyer can help you in your DUI case:
1. Legal Knowledge and Advice
A DUI lawyer has specialized knowledge of New Jersey DUI laws and understands the legal defenses available to fight the charges. Your attorney will evaluate the specifics of your case, review police reports, and advise you on the best course of action to achieve the most favorable outcome.
2. Negotiating with Prosecutors
In some cases, your lawyer may be able to negotiate with the prosecutor for a plea bargain. This could result in reduced charges or lesser penalties. For example, your lawyer may negotiate to have a DUI charge reduced to reckless driving or another less serious offense. This can help you avoid the more severe consequences of a DUI conviction, such as license suspension or jail time.
3. Challenging Evidence in Court
If your case goes to trial, your criminal defense lawyer will be prepared to challenge the evidence presented by the prosecution. Whether it’s disputing the accuracy of a breathalyzer test or questioning the officer’s actions during the traffic stop, your attorney will fight to weaken the case against you and protect your rights.
4. Fighting for the Best Possible Outcome
Whether it’s negotiating a favorable plea deal or presenting a strong defense in court, your lawyer’s goal is to achieve the best possible outcome in your case. This might involve getting the charges dismissed, reducing the penalties, or avoiding jail time.
Were You Arrested and Charged With Drunk Driving in New Jersey? Contact Camili & Capo, PA for Skilled DUI Defense
If you’re facing DUI charges in New Jersey, it’s essential to act quickly to protect your rights. The experienced DUI defense lawyers at Camili & Capo, PA are here to help you navigate the legal process, build a strong defense, and fight for the best possible outcome in your case.
Contact us today at (973) 834-8457 or through our online contact form to schedule a consultation and discuss how we can assist with your DUI defense.
