A DWI charge can carry serious penalties. As a result, it is important to know your rights and the various options you have. In some cases, you can challenge a DWI with the help of an experienced attorney. Read on to learn more.
When it comes to DWI charges, both the United States and New Jersey Constitutions protect citizens from illegal police stops. All police officers are required to have a lawful reason to pull over a driver. If they do not, the stop is considered illegal and any evidence gathered from it may be inadmissible in court.
The law in New Jersey requires police officers to observe drivers for at least 20 minutes before conducting a chemical breath test. While observing, they must look for signs that indicate the driver is intoxicated. This can include any signs of regurgitation. Administering a breath test before this time is up could be used as a defense in court to block the results of the test.
Field Sobriety Tests
If you are stopped due to suspicion of drunk driving, you may be asked to take a series of field sobriety tests. These tests are designed to test a driver’s motor skills and balance to see if they may be intoxicated. If a driver shows signs, the officer may have a reason to believe that they are under the influence. The three field sobriety tests are the Horizontal Gaze Nystagmus test, the Walk and Turn test and the One Leg Stand test. Each test has its own specific guidelines. The officer administering it is required to give instructions, demonstrate how it must be completed, and establish that the subject understands the directions.
Some defenses for a failed Field Sobriety Test are:
- The officer did not read all of the instructions
- The officer did not demonstrate the test
- The officer did not inform the individual they are permitted to remove high heels
- The individual has health issues that make passing the test impossible
If you are facing DWI charges in New Jersey, contact our firm today.
Contact our Firm
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