Police officers are trained to always be on the lookout for drunk drivers. There are certain actions that will prompt an officer to pull you over. For example, an officer may believe that you are driving drunk if you are swerving between lanes, ignoring traffic signals, or driving too slowly.
In New Jersey, those who are convicted for driving under the influence will face charges for Driving While Intoxicated (DWI). The penalties for DWI can be quite severe. For each repeated offense, the consequences become more significant. Still, there are multiple defenses you can employ that may result in your DWI charges being reduced or dismissed.
For help with your DWI case in Washington Township, NJ, get in touch with our experienced DUI defense attorneys at the Lombardo Law Group, LLC by calling (609) 445-4300 today.
How to Defend Against DWI Charges in Washington Township, NJ
Facing an accusation for DWI can be a traumatic and stressful experience. The penalties defendant face can be substantial and the legal process for fighting their charges can be complicated. Fortunately, during our team’s free assessment of your case, our DUI defense lawyers can help determine if any of the following defenses may be utilized:
Asserting that Operation Was Not Established
In order to be convicted for DWI, the prosecution must prove that you gave your keys to someone you knew to be intoxicated or that you operated your vehicle while drunk. There are four key components to operation that must exist in order for you to be convicted of DWI: that you were in control of your motor vehicle, that you intended to cause it to move, that you exhibited conduct to set the vehicle in motion, and that there was a possibility of your motor vehicle being set into motion.
When proving that you were in operation of your car, motorcycle, or truck, the prosecution will typically rely on direct evidence like surveillance footage or personal observations from police officers. If no direct evidence is available, the prosecution may attempt to establish operation of your vehicle through circumstantial evidence. For example, it may be inferred that you were in operation of your vehicle if you were found passed out behind the wheel of your car at a crash site.
Issues regarding operation frequently arise in cases where defendants are sleeping in their cars. For instance, if you are intoxicated and in possession of your keys while asleep in your vehicle, you may still be charged with DWI. Still, you can have your charges dismissed if you prove that the necessary elements of operation were not satisfied.
Challenging Your Traffic Stop
Another way you can fight your DWI charge in New Jersey is by challenging the basis for your traffic stop. In order to be pulled over, an officer must have a valid reason. Specifically, the officer must have a reasonable and articulable suspicion that you are breaking the law.
There are several types of conduct that can cause an officer to pull you over and perform a sobriety test. For instance, you may be pulled over for committing a traffic violation like running a red light. However, you do not have to have committed an explicit traffic violation in order to be pulled over. For example, an officer may stop you for suspected DWI if you are driving extraordinarily slowly or hesitate before proceeding through a green light.
Still, many drivers in New Jersey are subject to improper traffic stops. If you are subject to an invalid traffic stop, you may be able to have your DWI charges eliminated.
Challenging Test Results
Furthermore, you may challenge an accusation of DWI by asserting that the breathalyzer used to test your blood alcohol content (BAC) was unreliable. A breathalyzer uses the amount of alcohol on your breath to quantify the amount of alcohol in your bloodstream. If you refuse a breathalyzer test during a DWI arrest, then you may face criminal penalties that can include jail time.
Breathalyzers are complicated devices. In many cases, these machines are not maintained or calibrated properly. These errors can cause breathalyzers to become inaccurate and register false positive readings. Accordingly, you may be able to avoid penalties for DWI if you can demonstrate that the breathalyzer you were tested with was not reliable.
Field Sobriety Tests in Washington Township, NJ
If an officer pulls you over for suspected DWI, they might ask to administer a field sobriety test. This test is designed to challenge a motorist’s memory, coordination, balance, and ability to focus. Typically, field sobriety tests are administered before breathalyzer tests.
There are several parts of a field sobriety test. First, the officer might administer what is referred to as the “horizontal gaze nystagmus.” During this part of the test, an officer will ask you to keep your head still while following an object with only your eyes. Distinct and aggravated jerking of your head will lead an officer to suspect that you are intoxicated.
The next test that might be performed as part of your field sobriety test is the “walk-and-turn test.” During this test, you will be asked to keep your arms at your sides while walking in a straight line, turning around, and walking back to where you started. Signs such as clumsy turns and raising your arms may cause an officer to believe that you are drunk.
Finally, you may also be asked to perform a “one-leg stand test.” This test will require you to stand still with one leg raised approximately six inches from the ground. If you begin to sway while attempting to balance, it may indicate that you are impaired.
The results of field sobriety tests can be submitted as New Jersey DWI cases, but only if they were performed properly by an officer who was properly trained in administering these tests. However, many experts question how accurate these tests truly are, and we can challenge these test results. You should also be allowed to legally refuse field sobriety tests, but this might anger the officer.
Defendants in Washington Township DWI Cases Can Contact Our Attorneys for Help
Seek support from our experienced DUI defense lawyers at the Lombardo Law Group, LLC by calling (609) 445-4300.
