Drunk driving charges can be quite upsetting for any person facing the penalties of a DUI conviction in New Jersey. Even people who are accused of a first-time offense can be looking at increased insurance premiums, license suspension, huge fines and even jail time.
However, being charged with DUI does not mean that a person is guilty of the offense. Every person has the right to defend themselves in court and challenge allegations in the interest of having charges reduced or dismissed altogether. It can be crucial to know which details may be scrutinized in the pursuit of a favorable outcome.
In one article we wrote, we noted that police need a warrant to take a blood sample from someone who is accused of DUI. In that article, which can be found here, we also note that there are situations when warrantless blood draws have been permitted. In the event that a person’s blood has been tested without a warrant, it can be possible to challenge an officer’s decision to allow the blood draw by arguing that the decision was unreasonable.
In addition to challenging a warrantless search, people accused of DUI may also be able to dispute the reason for the initial traffic stop. Police must have probable cause to pull someone over. Without probable cause, any evidence obtained after the unlawful stop can be dismissed leaving prosecutors without enough evidence to make their case.
Another way to defend against drunk driving allegations is to question the methods used to test a person’s sobriety. There are cases when field sobriety tests and breath tests have been successfully challenged and proven to be flawed. If these tests are improperly performed or the devices used by officers have not been appropriately calibrated, the results could be wrong and misleading.
It can be very difficult to dispute drunk driving charges, though it is certainly not impossible. With careful consideration and an aggressive defense, people accused of DUI in New Jersey can fight to protect themselves, their criminal record and their future.