If you have been arrested for DUI in New Jersey, you may be afraid of the harsh consequences that come with a conviction. Do not lose hope, however, before the legal process has run its course. There are many ways a skilled defense lawyer can weaken the case against you, even if that case seems strong at first.
Was the stop legal?
Police officers cannot simply pull you over for no reason at all. They must have reasonable suspicion you are committing a crime or are about to commit a crime before flashing those lights in your rearview mirror. If the stop was illegal, any evidence obtained during the stop may be considered inadmissible in court. Your constitutional rights matter and police must play by the rules.
Are the breath test results trustworthy?
If you submitted to a breath test that measures your blood alcohol concentration (BAC) and the result came up over .08, this is not good news, but also not necessarily the last word in the matter. The reliability of alcohol breath test machines has been called into question many times and your defense team should explore the possibility that your test results are not accurate. Some of the reasons breath test results get thrown out of court include:
- Improper calibration of the machine
- Programming errors
- The use of tainted chemical solutions
- Untrained personnel using the machine
Was the field sobriety test fair?
If you have never had to undergo a field sobriety test before you may not realize how difficult it actually is. Performing demanding physical motions under stressful conditions, often with bright lights shining in your face, is not easy. In fact, a perfectly sober person may fail the test, especially if that person sufferers from a medical condition or is in some other way impaired.
Don’t give up without a fight
The evidence in your case may be inadmissible or it may be perfectly legal, but it is unwise to give up without first exploring all of your legal options. A knowledgeable defense lawyer can help you understand the true strength of the states’ case against you so you can make informed decisions about your future.