Camden DUI Lawyers: How to Beat a DUI in New Jersey
In New Jersey, just as it is throughout the United States, it is illegal to drive a car if your blood alcohol content (BAC) is 0.08 percent or higher. When an officer pulls a driver over under the suspicion that the driver was under the influence of alcohol, the officer can determine the driver’s BAC with an electronic device known as a Breathalyzer, which measures the amount of alcohol in the driver’s blood stream by taking a sample of his or her breath. In some cases, a blood or urine sample is used to support the result of the Breathalyzer.
Drivers are required to take a Breathalyzer when asked to by law enforcement. This is known as implied consent. Refusing a Breathalyzer has penalties similar to a first time DUI conviction, so if you are asked to take one, Camden DUI lawyers urge you to not refuse it. You might think that this means you will automatically be convicted of DUI if you are pulled over, which is simply not true. You can defend yourself against a DUI charge in New Jersey.
Potential Defenses to a DUI Charge in NJ
Certain defense strategies may be available to you depending on the circumstances of your arrest. One thing to remember is that Breathalyzer results are not always accurate and you can challenge the results of your test with one of the possible defenses:
- The Breathalyzer was not properly calibrated. In order to use the results of your test, the officer who administered it must be able to prove the device was properly calibrated
- The officer did not have Breathalyzer training. A Breathalyzer is an advanced piece of electronic equipment and if the officer who administered your test was not trained in how to use it properly, the results may be inadmissible.
Other potential defenses to a DUI charge include:
- The officer had no reasonable suspicion to pull you over, such as erratic driving or illegal traffic moves
- The officer did not have probable cause to believe you were intoxicated
- You were not read your Miranda Rights
- The officer who administered did not testify in court. You have the right to cross-examine the other parties involved in your case, and if the officer who administered your test is not present, you can challenge the test’s results.
Camden DUI Lawyers at The Law Offices of Michele Finizio Will Defend Your DUI Case
If you have been arrested for DUI in New Jersey, do not simply assume that you will be convicted. It is possible to defend your case against a DUI charge, but you need to be proactive and work with an experienced criminal defense lawyer to create an effective strategy to do so. Fill out our online form or call 856-242-7300 to set up your initial consultation with Camden DUI lawyers at The Law Offices of Michele Finizio. We are located in Moorestown and serve clients in Burlington County, Camden County, Gloucester County, and Salem County.