How Can I Challenge a DWI Charge in New Jersey?

The state of New Jersey considers driving while under the influence of drugs or alcohol a serious criminal offense. With this, A DWI charge carries serious consequences and an intense prosecution. However, you may be able to challenge your DWI charge, so long as you have the proper grounds to do so. Continue reading to learn how you can build a strong DWI defense and how an experienced Middlesex County DWI attorney of the Law Office of Michael A. Policastro can work on your behalf to reduce or altogether eliminate the penalties placed against you.

How can I challenge the field sobriety tests associated with my DWI charge?

Firstly, it should be explained that the law enforcement officer who pulls you over on suspicion of driving while intoxicated must conduct field sobriety tests. Such tests are used to determine the level of your intoxication through your motor skills and balance. The types of field sobriety tests that you may have participated in are as follows:

  • The Horizontal Gaze Nystagmus test.
  • The One Leg Stand Balance test.
  • The Walk and Turn test.
  • The Head Tilt test.
  • The Finger to Nose test.
  • The Heal to Toe test.
  • The Reciting the ABCs test.
  • The Counting test.

Each of the above tests have specific rules as to how they must be carried out legally. In other words, you should have been made fully aware of what was expected of you so you could have a fair chance of passing the test. If you believe that you unfairly failed a field sobriety test and you received a DWI charge as a result, you may be able to challenge this with one of the following defenses:

  • The law enforcement officer did not read all the instructions for the test.
  • The law enforcement officer did not demonstrate the test for you.
  • The law enforcement officer did not inform you that you could remove your high heels.
  • The law enforcement officer ignored the health issues that prevented you from passing the test.

How else can I challenge my DWI charge?

For one, a law enforcement officer needs a valid reason to pull you over. Otherwise, New Jersey law considers this an illegal stop. If you can support this defense, it is possible that any evidence gathered against you at the stop can be inadmissible in the New Jersey court.

Secondly, there is the 20-minute rule. That is, after pulling you over, the law enforcement officer must examine you for at least 20 minutes before administering a chemical breath test. If they do not wait the proper amount of time, you can challenge your DWI charge and possibly have your test results blocked from the New Jersey court.

If you require additional assistance with challenging your DWI charge, we recommend that you employ one of the skilled Middlesex County criminal defense lawyers as soon as you can.

Contact our experienced New Jersey firm

No matter your circumstances, if you are facing criminal charges, contact the Law Office of Michael A. Policastro today for the experienced legal counsel you deserve and need.

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