Facing a DUI in New Jersey can cost you hundreds of dollars in fines, suspend your license, or even land you in jail. If you believe you’ve been falsely charged with a DUI in NJ, it’s time to set up your case with the help of criminal lawyers in Monmouth County. Let’s get you out of trouble and back on the road.
1. Identify a Legal Flaw
Finding one or more legal flaws in the evidence brought against you will strengthen your case against the DUI. There are dozens of overlooked actions that could help drop a DUI case against you, most of which can be found by a competent criminal lawyer in your area. Here are some of the top legal flaws.
Contrary to popular belief, breathalyzers don’t measure your alcohol level directly. Instead, they assume a ratio of alcohol in your breath to that of the alcohol in your blood. Unfortunately, this ratio can be affected by sex, weight, breathing patterns, the margin of error, or even improper calibration by the officer.
Under NJ Law, officers should also observe you for a certain period before administering the BAC test to make sure you don’t ingest anything or burp, as this could cause a faulty reading. Something as simple as a belch during this time could regurgitate alcohol from your stomach into your mouth, causing residual mouth alcohol.
If the officer took a long time to administer your breathalyzer, you may also be able to argue that your blood alcohol was on the rise. This means that you were not impaired at the time you drove, but because the DUI investigation took so long, your BAC rose and you became impaired while waiting.
Ignored Standard Procedures
New Jersey officers are held to high standards, and there are plenty of laws they must follow when conducting a DUI stop. Your lawyer should be well-versed in these and may be able to find an instance or two where the arresting officer ignored a regulation or denied you your rights.
Inaccurate Physical Assumptions
Some officers may note that you displayed physical symptoms of intoxication, such as red eyes, slurred speech, a strong smell, or unsteady balance while walking. A skilled criminal lawyer in Monmouth County will attest that there are plenty of simple explanations for these signs, such as fatigue, allergies, or even a medical condition or illness.
Incorrect Field Sobriety Test Assumptions
If you were issued a field sobriety test, you might have had to walk a straight line or move your limbs a certain way to prove your sobriety. Standard tests may include the Walk-and-Turn Test, One-Leg Stand, and Horizontal Nystagmus Test.
A skilled lawyer can defend that your balance and coordination were affected by natural conditions, should that be the case. These conditions could be things like your clothes, feet, tiredness, nerves, or natural coordination.
You Weren’t Driving
If you were stopped while in a parked car or no one saw you driving your vehicle, you may be able to fight your DUI charge. One of the key factors of a DUI charge is that you must have been seen driving the vehicle, so if there isn’t proof, the charge isn’t likely to hold up in court.
2. Hire a Criminal Lawyer in Monmouth County
The best way to fight a DUI charge in New Jersey is by working with criminal lawyers in Monmouth County. Hiring a competent attorney can help reduce or even drop your charges by finding the legal flaws necessary to win your case. Don’t fight alone – reach out to a criminal lawyer today and get back on the road with confidence.