12
Mar
NJ DWI (DUI) Law Overview
Posted under: DUI Penalties by admin
New Jersey has some of the strictest DWI /DUI laws in the nation. While it is not technically illegal to drink and drive, driving while “intoxicated” can easily result in license suspension, substantial fines, and even jail. Prosecutors in New Jersey have been ordered not to plea bargain in DWI / DUI cases, so it is vital that you hire an experienced DWI / DUI attorney to protect your rights.
In order to be convicted of DWI / DUI in New Jersey, the State must prove beyond a reasonable doubt that you operated a motor vehicle while intoxicated. There are two methods the prosecution can use to prove you were intoxicated.
The first method is by introducing a valid blood alcohol content (BAC) reading of .08% or higher. This is typically done through the use of a breath test. While most people are familiar with the “breathalyzer” machine, State and local police in New Jersey now utilize the “Alcotest.” In the highly publicized case of State v. Chun, the New Jersey Supreme Court held that the Alcotest is scientificaly reliable if properly administered.
An experienced DWI / DUI lawyer can sometimes have the results of the breath test thrown out if the defense attorney can show that the test was not properly administered. This may be possible if the police did not continously observe you for 20 minutes prior to taking your breath sample. It may also be the case that the particular machine you were tested on was not properly calibrated in the past six months or that the officer did not properly administer the test. There are other ways to beat the Alcotest as well, some which may require the use of an expert witness.
Many New Jersey DWI / DUI suspects mistakenly believe that the State cannot prove its DWI / DUI case if there is not a valid Alcotest reading. This is false. The prosecution can also prove you were intoxicated by introducing the arresting officer’s “observations.” These observations can include how poorly you performed on the Standard Field Sobriety Tests (SFSTs).
By Anthony Vecchio, ESQ http://www.newjerseycriminaldefenseattorneyblog.com