New Jersey DUI/DWI Defense

Overview
After you have been charged with DUI/DWI in New Jersey, you may feel like you do not have any options. Nothing could be further from the truth. Even though you have been arrested and charged with DUI/DWI, you remain innocent until proven guilty.

Believe it or not, there are many DUI/DWI defenses available to you. By working with a reputable New Jersey DUI/DWI attorney, you can start to investigate the conditions surrounding your case. Often times, law enforcement may make mistakes that will work in your favor in court. A practiced attorney can identify these mistakes, and will avidly defend you in court to have your charges reduced or dismissed.

DUI/DWI Defenses

Did the officer have probable cause?
Before an officer can arrest you for DUI/DWI, he/she must have probable cause. Probable cause is reasonable doubt that a crime was committed and that you committed the crime in question. Usually, a blood alcohol concentration (BAC) of 0.08% or field sobriety test failure can provide the officer with enough probable cause to place you under arrest.

Were you read your Miranda Rights?
When a person is placed under arrest, law enforcement must read that person his/her Miranda Rights. Each person has the right to remain silent and the right to an attorney. If you were not read your Miranda Rights, anything you may have said before your arrest may not be used against you in court.

Were your blood alcohol test results accurate?
Many people assume that blood alcohol tests are 100% accurate. This is completely untrue. Many things can cause blood alcohol tests to report inaccurate results. For example, if a person used mouth wash prior to the administration of a blood alcohol test, the results will be higher. Law enforcement must also be certified to administer the blood alcohol test. Often times, officers administering the tests are not certified, which can lead to errors.

Did you really fail the field sobriety tests?
Even if field sobriety tests are administered in perfect conditions, the tests are only 65-75% accurate at determining a person’s level of intoxication. When a person performs the field sobriety tests, it is up to the police officer to determine if the person passed or failed. Chances are, if you were asked to perform the field sobriety tests, the officer already thought you are guilty of DUI/DWI. In the officer’s mind, you may have failed the tests, even if you performed each test perfectly.

New Jersey DUI/DWI Attorney

If you have been charged with DUI/DWI in New Jersey, you need an aggressive attorney on your side. Many people do not take their drunk driving charges seriously. This is always a mistake. Due to strict New Jersey DUI/DWI laws, people who are convicted of drunk driving are subject to a variety of life impairing legal consequences.

Once convicted of DUI/DWI, a person can be sentenced with: jail time, large monetary fines, probation, mandatory DUI/DWI School, community service, and/or driver’s license suspension. In some cases, the DUI/DWI offender’s vehicle may be impounded as well.

The legal consequences for DUI/DWI are too harsh to forgo the representation of an experienced attorney. The Law Office of John F. Marshall has handled numerous DUI/DWI cases for clients throughout New Jersey. As a skilled DUI/DWI defense attorney, Mr. Marshall has helped countless clients obtain successful outcomes for their DUI/DWI cases.

Contact the Law Office of John F. Marshall to discuss your DUI/DWI case!