What Defenses Can be Used Against a DUI Charge?
Traffic between Memorial Day and Labor Day tends to increase and so does a surge in accusations of driving under the influence (DUI)during the summer.
Regardless of the time of year, getting arrested for DUI/DWI can be confusing, embarrassing, and scary. Yet, being charged with a DUI in New Jersey does not always have to lead to a conviction. Many parties accused of DUI have worked with knowledgeable attorneys to fight the arrest and avoid charges.
Why is it Important to Fight Against a Wrongful DUI?
Unlike surrounding states, New Jersey does not consider DUI a felony or misdemeanor. Nevertheless, a substantiated charge can carry severe penalties. A first DUI offense can lead up to $400 in fines, mandatory jail time up to a month, loss of license, and other actions. Accordingly, any subsequent arrests for DUI include much stricter penalties.
Even if an adult driver was drinking before getting behind the wheel, the driver still has the right to consult with an attorney and find out if the accusation can be fought.
What Defenses Against DUI Can Hold up in Court?
Every DUI arrest happens under unique, specific circumstances. Keeping that in mind, criminal defense lawyers will look into all aspects of their clients’ cases to seek out credible defenses. If the defenses present a strong enough argument in favor of the defendant, the DUI charge could be thrown out or substantially reduced.
A common defense against a DUI charge is that the law enforcement officer had no reason to stop the driver in the first place. This charge is often made when an officer randomly pulls over a driver who has been obeying speeding limits and rules of the road. An exception to this defense would be a stop at a roadblock or pre-arranged DUI checkpoint.
Another challenge that can work in favor of a person accused of DUI is an improperly or inaccurately administered field sobriety test or breathalyzer test. Many lawyers will scour through evidence regarding these types of tests. For instance, poorly calibrated breathalyzer test equipment can cause questions around the accuracy of a defendant’s blood alcohol content (BAC) finding.
Sometimes, people whose BAC level is tested more than an hour after a DUI arrest may point out that they were sober when they were pulled over. Alcohol does not always take effect immediately. If someone is arrested for DUI very close to his or her home and given a breathalyzer a long time afterwards, he or she may be able to show that he or she could have made it home within the legal BAC limit.
Are There Other Less Common Defenses for DUI in New Jersey?
In some unusual cases, attorneys have used rarer defenses that successfully helped clients accused of DUI. Some drivers may claim that they were forced to drive under duress, or that they needed to drive because they were the most sober of everyone else in the car. Other DUI defendants have been able to prove in court that they did not know they had drunk alcohol, as in the case of drugged or spiked beverages.
Can People Arrested for DUI Really Get the Charges Thrown Out?
Not every DUI case will end up with the charge thrown out. Nonetheless, it is worth pursuing the possibility when facing penalties. After all, many people have avoided DUI charges thanks to the help of skilled legal counsel.
Haddonfield DUI Defense Lawyers at Aita Law, LLC Develop Responses to Help Clients Charged with DUI
Did you get arrested for DUI in New Jersey? If so, call one of our Haddonfield DUI defense lawyers at Aita Law, LLC today. A DUI charge can be complicated, so it is best to speak to a lawyer right away. Contact us online or call us at 856-287-7800 for a free consultation. Located in Haddonfield and Marlton, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.