Proving Intoxication with a DWI

DWI

Is it worth it?

How They Prove Intoxication

Never take it for granted that the case the State has against you is solid. If you have been arrested for a DWI in New Jersey there are still options available to you for a good defense. Any number of issues can be raised by a good lawyer if they are experienced in this area.

Can They Prove That You Drove While Intoxicated?

New Jersey law states that if you were the driver of a vehicle and your blood alcohol content was 0.08% or more, then you are guilty of a DUI/DWI. If is also likely that you will be arrested if the arresting officer can determine by other ways that you were indeed under the influence.

There are a number of ways to defend you in such a case.

Proving that you were driving while intoxicated. DUI/DWI It's important to understand that blood tests, as well as breath tests, are at times, very inaccurate. The officer who administered the test must have all the necessary qualifications required by law, in order to give the said test. Often they do not and this is a point that can be challenged in court. It is quite possible for the judge in the case, to dismiss all charges if the lawyer you hire can prove that the results of the test are not accurate, and therefore are not presentable in a court of law.

The prosecutor in your case will make the claim in court that you were impaired and often this will be based on eyewitness statements. It may also be due to statements that you yourself made at the scene. It can also be based on you driving erratically. Any of the above can be challenged in court by a knowledgeable lawyer. Sobriety tests that are done in the field are often not reliable. If you were asked to walk a line or told to recite the alphabet you many be surprised to know, that these tests are often inaccurate by as much as 70%. Add to that that, the arresting office had already assumed that you were intoxicated and therefore biased and this coupled with the other problems can easily be challenged in a court of law. It is rare that these tests can be used to convict a person of a DUI/DWI. You do need to be aware that if refusing a breath test or a blood test in the field will mean that you will be charged with a DUI/DWI. Contact a lawyer who is experienced in challenging this events in order to receive the best defense possible.