If you have been charged with a DUI or DWI in NJ, your first question is “How can I fight a DUI?” The simple answer is, act quickly. Time is a critical factor in fighting a DWI charge and it is imperative that you waste no time contacting a DUI attorney to guide you along preventative steps to avoid a conviction. Believe it or not, there are actually several ways to fight a DUI arrest in New Jersey.
Did the Officer Have Probably Cause?
The first and foremost detail of your arrest is whether or not the officer had probable cause to pull you over in the first place. The officer must prove that you committed a traffic violation. Watching you exit a bar and enter your car is not a valid argument for pulling you over and this will not stand up in court. With a comprehensive knowledge of New Jersey traffic laws, your DUI lawyer can skillfully argue whether or not your ‘traffic violation’ was in fact a violation at all. If the officer cannot prove probable cause, your DUI case is thrown out.
The Field Sobriety Test
Standardized field sobriety tests are full of holes and a skilled New Jersey DWI attorney can argue the validity of these tests in your defense. In fact, did you know that neither the walk-and-turn test nor the one-leg-stand test is above 68% accurate? That’s hugely unreliable in predicting a person’s blood alcohol content and your DUI attorney can argue this point. Even better, the non-standardized field sobriety tests, such as counting backwards and reciting the alphabet, are not even valid in the eyes of the court. Your DWI attorney can argue to have these non-standardized tests completely excluded from your case.
New Jersey Breathalyzer Testing
When it comes to the New Jersey breathalyzer test, there is strict protocol which must be followed. Failure of the officer to follow this protocol can result in your DUI charges being dismissed altogether. Your DUI lawyer can investigate the details of the breathalyzer testing to determine if protocol was broken and if so, have your breathalyzer results excluded.
Other Factors
In addition to the above, there are many environmental factors your DUI lawyer will want to investigate as possible strategy for dismissing your DUI charges. Medical and health problems, videos and eyewitnesses and bad weather are just a few which may need to be taken into consideration for your defense. Officer testimony credibility, failure to observe legal protocol, errors in testing equipment and much more will need to be thoroughly looked into to determine the best strategy for your DUI case.
Facing a DUI in New Jersey isn’t an automatic sentence and an experienced DUI attorney can build a compelling argument in your defense. Your first step in fighting a DUI arrest, however, is to call an accomplished New Jersey DUI attorney right away. Time is of the essence.
