Challenging a DWI in New Jersey | What to Know

Getting behind the wheel of a car while intoxicated is incredibly dangerous. As such, a DWI charge carries serious penalties. If you are charged with a DWI, you may face consequences that follow you throughout your life. This is why you will need the help of an experienced criminal defense attorney if you are facing DWI charges. Read on to learn about the possible DWI defenses in New Jersey:

Illegal Stops

There are certain laws when it comes to stopping a vehicle on the road. A New Jersey law enforcement officer needs a valid reason to pull you over, otherwise, it is known as an illegal stop. In the event of an illegal stop, it is possible to have any evidence gathered from the stop inadmissible in court.

20 Minute Rule

When pulled over by a police officer, they must conduct an assessment of the driver’s condition.  In the state of New Jersey, the officer has to examine the driver for at least 20 minutes before administering a chemical breath test. If an officer fails to assess the driver for the proper amount of time, an experienced attorney may be able to have the test results blocked.

Field Sobriety Tests

If you are pulled over on the suspicion of driving while intoxicated, the law enforcement officer may conduct Field Sobriety Tests. These tests are designed to determine the level of the driver’s intoxication through their motor skills and balance. There are three tests that may be conducted:

  • The Horizontal Gaze Nystagmus test
  • The One Leg Stand test
  • The Walk and Turn test

These tests have rules as to how they must be carried out legally. The officer must not only read the instructions of the test to the driver but demonstrate it for them as well. Before the tests begin, the driver must fully understand what is expected of them. If an individual fails a test, the officer may arrest them for a DWI.

Some defenses of a Field Sobriety Test may include:

  • The officer did not read all the instructions
  • The officer did not demonstrate the test
  • The officer did not inform the individual that they may remove high heels
  • The individual has health issues preventing them from passing the test

If you are facing a DWI charge, contact our firm to discuss your case with an experienced criminal defense attorney. We will explore all possible avenues of defense.

Contact our experienced New Jersey firm

When someone is charged with a crime, they have a lot to consider. However, we understand that everyone makes mistakes, which is why we are here to help. No matter your circumstances, if you are facing criminal charges, contact the Law Offices of Michael A. Policastro today for the experienced legal counsel you deserve and need.

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