DWI and DUI charges have a way of following people for a long time. Since these offenses are classified under the vehicle code, not the criminal code, they cannot be expunged and may remain on your driving record indefinitely. The more DWIs you have on your record, the worse the penalties may be for any new DWIs. You have the right to defend yourself, and you should get help from a lawyer.
The first step in developing an effective defense is to talk to your lawyer about what happened when the police pulled you over. Generally, the police need reasonable suspicion that the driver has committed a crime or traffic violation. They cannot stop you at random or for arbitrary reasons. Also, talk to your lawyer about whether the police had you perform any field sobriety tests. When you were arrested, the police might have chemically tested you to measure your blood alcohol concentration (BAC). If this is not done according to strict legal procedures, the BAC measurements may be excluded from the case.
Get a free case evaluation for free from our DUI and DWI defense attorneys at the Lombardo Law Group, LLC by calling us at (609) 418-4537.
How the Police Pull Over Drivers for DUIs and DWIs in East Vineland, NJ
A great way to begin working on your defense is to talk to our DUI and DWI lawyers about when, where, and how the police first pulled you over. People sometimes assume this information is unimportant, but it might be far more significant than you realize. The police must follow certain rules, protocols, and procedures when pulling someone over. If these rules were broken, the case against you might weaken.
First, the police must have “reasonable suspicion” that the driver or someone in the vehicle has committed a crime or traffic violation before pulling them over. While the exact definition of reasonable suspicion is hard to pin down, it usually means that the police must have actually observed something illegal. Even turning without using a turn signal might be enough to pull someone over. The police are not allowed to stop people for arbitrary reasons, like the color of their car, at random, or for unlawful reasons, like race or gender.
Second, the police need “probable cause” to arrest you for a DWI. This is a higher burden than reasonable suspicion and generally requires observable and articulable evidence that would lead the police to believe that an offense has been or is being committed. In this case, the offense is driving while intoxicated. Probable cause might include observations of slurred speech, the smell of alcohol, and erratic driving.
If you believe the police stopped you for an unlawful reason or lacked the probable cause to arrest you, tell your lawyer immediately. If the arrest was unlawful, evidence obtained pursuant to the arrest, like your BAC, may be excluded from the case.
Chemical Testing for DUIs and DWIs in East Vineland, NJ
A major aspect of many DWI cases is chemical testing. While you have likely heard about breath testing, this is only one type of chemical testing, although it is the most common. In less typical cases, the police might test blood or urine samples. In any event, the result of a chemical test, usually your BAC, is the key evidence needed to convict you of a DWI.
Chemical testing might come up more than once. Sometimes, the police attempt to gather more evidence to establish probable cause by requesting drivers submit to roadside testing using portable breath testing devices. While it can be difficult to say no to a police officer, you do not have to submit to this kind of testing.
However, chemical testing becomes mandatory after an arrest. According to implied consent laws under N.J.S.A. § 39:4-50.2(a), all drivers have impliedly consented to chemical testing by virtue of having a license and driving on public roads. Remember, this rule applies if you have already been arrested for a DWI, not before.
The thing about mandatory chemical testing is that you may refuse. The police are not permitted to use force to make a driver comply with testing requirements. However, they must advise drivers of the penalties for refusal to submit to chemical testing, according to § 39:4-50.4a(a). Penalties for refusal may include losing your license or installing an ignition interlock device in your car, even if the DWI charges are eventually dropped or dismissed.
How to Fight a DWI or DUI in East Vineland, NJ
Fighting a DWI can be difficult but not impossible. The best way to challenge your DWI depends on the unique facts and circumstances surrounding your case. Your first step should be to talk about your case with an experienced attorney.
Unlawful Stops
As mentioned above, the police have rules to follow when conducting traffic stops and making arrests. If you believe the police broke these rules and violated your rights, you can challenge the legality of your arrest. If the court agrees that the arrest was indeed unlawful, much evidence the police obtained when they arrested you, such as your BAC, may be excluded. If important evidence is kept out of the case, we have a better chance of challenging the DWI.
Actual Physical Control
Another defense strategy might be to challenge the police’s assertion that you had “actual physical control” over the vehicle. This may be important in cases where the police arrested someone who was allegedly intoxicated in a parked car. Actual physical control is hard to pin down, but it tends to arise out of the totality of the circumstances. Many people do not have actual physical control when they are sleeping off a few too many drinks in the back seat of their car.
Incorrect BAC Measurement
Perhaps the central piece of evidence in many DWI cases is the defendant’s BAC. Tell your lawyer if there is any reason why your BAC measurements should be excluded from the case. Maybe the police physically forced you to submit to chemical testing. Maybe the testing device was not properly maintained, and the results might be incorrect. Perhaps you take certain prescription medications that might artificially inflate your BAC measurements. Anything is possible, and you should discuss it with your lawyer.
Get Help Now From Our East Vineland, NJ DUI and DWI Lawyers
Get a free case evaluation for free from our DUI and DWI defense attorneys at the Lombardo Law Group, LLC by calling us at (609) 418-4537.
