11 Top Defenses for a DUI in New Jersey
Discover the best defenses for a DUI and strengthen your case. Find ways to challenge DUI charges in New Jersey and start building a successful strategy today.
A NJ Spotlight News post based on data from MarketWatch ranks New Jersey as one of the 3 states with with the fewest DUI fatality rates, averaging 3 per 100,000 people.
One reason for this low fatality rate is New Jersey’s strict enforcement of DUI laws. This includes higher penalties and increased use of sobriety checkpoints.
If you’re facing a DUI charge in New Jersey, you should be concerned. It can lead to severe consequences like fines, license suspension, or even jail time. Below are 11 top defenses for DUI charges in New Jersey.
1. Challenging a Traffic Stop
In the U.S., there have been accusations that some police make traffic stops to raise revenue. They may stop drivers without probable cause, using vague or unclear reasons like minor traffic infractions. If this happened to you, there’s a chance your stop was illegal.
One of the first steps in fighting a DUI charge is challenging the legality of the traffic stop. Police must have a valid reason, such as observing unsafe driving behavior, to pull you over. If there was no reasonable suspicion or probable cause for the stop, any evidence collected during that stop may be deemed inadmissible.
A skilled attorney can help review your case to see if the stop was made without proper justification. They can use DUI legal strategies to challenge these illegal stops and ensure that any evidence collected cannot be used against you in court.
2. Questioning Field Sobriety Tests
Field sobriety tests (FSTs) assess a driver’s physical and cognitive abilities. However, these tests are often subjective and prone to inaccuracies. Factors that can affect a sobriety test:
- Poor weather conditions like rain or snow
- Uneven or rough road surfaces
- Medical conditions such as illness or injury
- Physical fatigue or exhaustion
- Nervousness or anxiety
A DUI defense lawyer may point out these issues. They can argue that your performance wasn’t impaired by alcohol but by external factors. This can help weaken the evidence used against you in a DUI case.
3. Disputing Driving the Car
If you weren’t actually driving the vehicle, you cannot be charged with DUI. You might sometimes be arrested while in a parked car, resting but not driving. For example, if you were sitting in a stationary vehicle and the police approached, they might assume you were driving and administer a sobriety test.
Your attorney can argue that you were not in control of the vehicle at the time of the alleged offense. Evidence such as witness statements, surveillance footage, or testimony from someone who saw the vehicle while parked can support your defense. This can help prove that you were not driving and should not be charged with DUI.
4. Challenging Breathalyzer Test Results
Breathalyzer tests measure your blood alcohol concentration (BAC) to determine impairment. However, these tests are prone to errors due to:
- Incorrect calibration
- Operator error during administration
- Malfunctioning or outdated equipment
- Failure to follow proper procedures
- Environmental factors like temperature or humidity
- Consuming certain foods or medications
Your attorney can challenge the accuracy of breathalyzer test results. Challenging breathalyzer results can weaken the prosecution’s case. Your attorney can review how the test was conducted and ensure it followed proper procedures.
If there were errors, they may argue that the results are unreliable. Adopting these DUI legal strategies can increase the odds of the charges being dismissed.
5. Involuntary Intoxication
You might become intoxicated without realizing it. For example, mixing prescription medications can lead to impairment, even if you didn’t intend to consume alcohol. Medical treatments, such as after surgery, can also cause unexpected intoxication.
For instance, you might assume you’re okay to drive after surgery. However, there might still be medication in your system. This can lead to a DUI charge, but it’s not your fault you were intoxicated.
Being arrested and charged with DUI in these situations can be frustrating. Police and prosecutors might be skeptical of your story. They assume you should have known you were impaired.
However, an attorney can help. They will gather medical records, witness statements, and other evidence to support your case. With the right proof, they can argue that you were involuntarily intoxicated and work to have your charges reduced or dismissed.
6. Rising BAC Defense
Your BAC continues to rise even after you’ve stopped drinking. A wide range of factors can affect BAC levels. These factors include:
- Metabolism rate
- The time you took the last drink
- Amount of food consumed
- Body weight
- Medication use
- Your gender
This might explain why BAC levels are high even though it has been hours since you took your last drink. However, police and prosecutors may assume you’re making excuses.
An attorney is essential in these cases. They can find experts who understand how BAC levels work. Attorneys also explain why BAC is not always a reliable measure of sobriety.
7. Questioning the Accuracy of Blood Tests
Blood tests are more accurate than breathalyzer tests but are not always reliable. Errors can happen during the collection, storage, or testing process. For instance, improper collection techniques may contaminate the sample.
If the blood sample is not stored correctly, it can degrade and affect the results. Mistakes in the lab, like mixing up samples, can also lead to inaccurate readings.
Your DUI defense lawyer can challenge the blood test results by identifying these issues. They can investigate whether the lab followed proper protocols. If they find errors, they can argue the test results are not trustworthy.
A strong legal defense can weaken the prosecution’s case. With the right evidence, your lawyer can challenge DUI charges based on unreliable blood test results. This is a key strategy for fighting DUI convictions and reducing New Jersey DUI penalties.
8. Illegal Search and Seizure
The Fourth Amendment protects you from illegal searches and seizures. Police must follow strict rules when gathering evidence. If they violate these rules, the evidence might be thrown out.
For example, officers must have a valid reason to search your car. Without probable cause or a warrant, their search could be illegal.
Imagine an officer searches your car without consent or cause and finds an empty beer bottle. They might use this discovery to initiate a sobriety test or breathalyzer. However, if the search was illegal, that evidence cannot be used against you.
Evidence like breathalyzer results or sobriety test findings collected unlawfully may be excluded. Your DUI defense lawyer can argue that the illegal searches violated your rights. This weakens the prosecution’s case.
Courts take Fourth Amendment violations seriously, which can lead to reduced or dismissed charges. This is a powerful legal strategy to effectively challenge DUI charges.
9. Miranda Rights Violation
Police must inform you of your Miranda rights when they arrest you. These rights include the ability to remain silent and request a lawyer. If officers fail to read these rights, your statements might not hold up in court.
You might speak openly if you don’t realize you’re under arrest. For example, you could admit to drinking earlier or explain where you were.
Police might use this information to build their case against you. Without knowing your rights, you might unintentionally harm your defense.
A DUI defense lawyer can argue that failing to inform you of your rights violated the law. This can significantly weaken the prosecution’s case.
Understanding your rights can help fight DUI convictions. Protecting your Miranda rights is critical in challenging DUI charges and securing the best outcome.
10. Necessity to Drive Defense
Sometimes, you may need to drive even if you’re not completely sober. Emergencies, like rushing someone to the hospital, may force you behind the wheel. A sudden medical condition could also leave you with no other option.
Your attorney can use this defense to challenge DUI charges. They may argue your actions weren’t reckless but necessary.
You’ll need strong evidence, such as witness testimony or medical records, to succeed. DUI defense lawyers can guide you through this process. They’ll build a case proving you had a valid reason to drive, avoiding harsh New Jersey DUI penalties.
11. Fatigue or Illness Defense
Fatigue or illness can affect your driving, just like alcohol or drugs. If you were exhausted or unwell, it might have caused impaired judgment or slow reactions. These conditions can mimic signs of intoxication, leading to unfair DUI charges.
Your DUI defense lawyer can challenge DUI charges by presenting evidence of your condition. Medical records or testimony from a doctor can help support your case.
This defense shows you were not under the influence but dealing with a temporary issue. It can reduce or dismiss New Jersey DUI penalties. An attorney ensures your side of the story is fully understood in court.
Get the Best Defenses for DUI by Choosing the Right Attorney
Finding effective defenses for DUI can make a big difference in your case. Steven Ellman has the experience and skill to fight DUI convictions. He understands New Jersey DUI penalties and builds strong cases to protect your rights.
His personalized approach ensures your story is heard. Trust Steven Ellman for expert DUI legal strategies. Get in touch today for a consultation and take the first step toward justice.
