The Most Common DWI Myths in New Jersey | What to Know

There are many myths surrounding DWI charges in New Jersey. Read on and reach out to our dedicated Bergen County DUI attorneys today to learn more.

What are the most common DWI myths in New Jersey?

1. If My BAC Level is Below 0.08%, I Can’t Be Found Guilty of a DWI

In the event that you have a blood alcohol content (BAC) lower than the legal limit of 0.08% and are pulled over by a New Jersey law enforcement officer, you can still be charged and convicted of a DWI. If the prosecution can establish, through proof such as police observation, that having any alcohol or drugs in your system impacted your driving ability this is sufficient enough to obtain a DWI charge.

2. Breathalyzer Devices Are Always Accurate and Reliable in a Court of Law

When used correctly, breathalyzers can accurately catch blood alcohol concentration (BAC) levels in a person’s body, however, the courts have acknowledged that these breath test devices have the chance of errors when not used correctly. If the police officer who is to conduct the test does not prepare it in conformity with state guidelines or skips an important step in administering the test, then the results may be deemed faulty and unacceptable to the defendant.

3. If I Refuse A Breath Test, I Cannot Be Charged With DWI

If you reject to submit breath samples upon being put in custody for driving while under the influence in New Jersey, you will likely face a charge under New Jersey’s refusal statute (N.J.S.A. 39:4-50.4a) in addition to a DWI charge under N.J.S.A. 39:4-50. According to New Jersey state law, all licensed drivers are instructed to submit a breath test if asked by law enforcement. The failure to do so will result in fines equal to those for a DWI conviction some of which are even more serious. Furthermore, a driver can be charged with DWI even without test results demonstrating their BAC level based on their driving conduct and physical behavior independently.

If you were charged with a DWI, do not hesitate to reach out to the Law Office of Carl Spector today to speak with our Bergen County criminal defense attorney.

Contact our Firm

If you are facing criminal charges in New Jersey, you need strong legal defense. Contact the Law Office of Carl Spector for dedicated representation. With over 30 years of experience as both a prosecutor and criminal defense attorney, he offers a unique perspective on how both sides think, and how to best approach each aspect of the case. When your future is on the line, don’t settle for less than the best possible legal representation. Contact an experienced New Jersey criminal defense attorney who will aggressively fight for you. Call today for a free confidential consultation. Let our experience work for you.

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