People arrested for driving while intoxicated (DWI) often face consequences and backlash before they are ever convicted. These kinds of offenses tend to be heavily frowned upon, and defendants might be reluctant to put up much of a fight just so they can move on as quickly as possible. While this might be tempting, do not give in. Speak to an attorney about your case. You might have more options for your defense than you realize.
There might be various grounds on which you can challenge your DWI, including your supposed BAC, how chemical testing was conducted, and whether the police violated your rights during the stop or after your arrest. Your best bet is to hire an experienced lawyer to help you come up with the most effective defense tactics, whatever they might be. For some, this means facing the charges head-on in court. For others, it might mean highlighting mitigating factors to try and get a lighter penalty. Speak to our team about how to get started on your case.
Get a free initial assessment of your case from our DWI and DUI defense attorneys by calling the Lombardo Law Group, LLC at (609) 418-4537.
The Legal Limit for DWI Charges in Pomona
When it comes to DWI and DUI charges, one of the most important pieces of evidence is the driver’s blood alcohol concentration (BAC). In New Jersey, the standard legal limit, according to N.J.S.A. § 39:4-50(a), is 08%. This is the same for many other states, too. At this limit, a driver may be charged even if they have a high tolerance for alcohol and do not seem to be severely impaired.
On the other hand, drivers can sometimes be charged with a DWI even if their BAC is lower than the legal limit. Many people, particularly people who are smaller and do not often drink, have a low tolerance for alcohol. They might be too impaired to drive even if their BAC is lower than .08%, and they may still be charged. Tell our DWI and DUI defense attorneys immediately if you have been charged with a BAC lower than the legal limit. While it is not impossible to be charged this way, it is less common.
The legal limit may differ for underage drivers because it is illegal for them to consume alcohol under any circumstances, let alone behind the wheel of a car. The legal limit for underage drivers, according to § 39:4-50.14, is only .01%. This is a very low limit, and even just one or two drinks might lead to DWI charges for underage drivers.
How Chemical Testing Works in DWI Cases in Pomona
The driver’s BAC is one of the most significant pieces of evidence in nearly all DWI cases. This measurement is often necessary for the authorities to prove that the driver was intoxicated when stopped. While proving the case without a BAC may still be possible, it is much harder.
Some drivers mistakenly think that if they refuse to submit to chemical testing, the police cannot measure their BAC, and this evidence cannot be used against them. Rest assured, this is a bad idea. According to N.J.S.A. § 39:4-50.2(a), known as the “implied consent” law, drivers are legally required to submit to chemical testing after being arrested for a DWI. They have already implied their consent to such testing by operating a vehicle on public roads or highways.
While testing is mandatory, it cannot be forced, even if the driver refuses to comply. Subsection (b) of the implied consent law states that the police may not force you to submit to testing. However, they are required to inform you of the consequences of refusal. If you refuse, you may face separate charges in addition to the DWI. Even if your DWI is dismissed or dropped, the refusal charges may still stand.
How to Challenge Your DWI in Pomona
Since your BAC measurements are among the most important pieces of evidence in the case against you, it might be wise to talk to your lawyer about ways to undermine or even exclude this evidence. For example, the BAC measurements might be untrustworthy if the chemical testing equipment was faulty or had not been properly calibrated before you were tested. Maybe your BAC was not nearly as high as the police would like us to believe. Maybe your BAC was not even over the legal limit.
Were you forced to submit to testing? While drivers are legally required to submit to testing and may face additional penalties for refusal, the police may not use force to conduct chemical testing. Tell your lawyer if the authorities forced to you comply. If we can prove that force was used, we might be able to exclude the BAC measurements.
What Your Attorney Can Do to Help You Through Your DWI Case in Pomona
Your lawyer is like your lifeline throughout your case. Any questions or concerns you have should go through them. The first thing your lawyer can do is review the evidence against you and check for weak points in the case or evidence that was unlawfully obtained. If your attorney can find ways to refute evidence early, your defense may be much stronger.
Next, your attorney can assess the actions of the authorities to determine if they followed the rules (if they did not, we might be able to exclude evidence. Even if evidence cannot be excluded, it might be a lot less trustworthy, and the trier of fact may choose not to believe it.
Your lawyer should also prepare you for the potential penalties of your DWI. Not everyone beats the case against them, and they must be prepared to deal with the penalties. Penalties for DWIs tend to ripple across lives, and your lawyer can help you comply with everything the court requires of you. This includes license suspensions, ignition interlock devices, fines, jail time, community service, and more.
Contact Our Pomona DWI and DUI Defense Lawyers for Help
Get a free initial assessment of your case from our DWI and DUI defense attorneys by calling the Lombardo Law Group, LLC at (609) 418-4537.
