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4 potential options for challenging a DWI charge

On Behalf of | Jan 12, 2024 | DWI/DUI |

DWI charges can have serious consequences, impacting your life in significant ways.

In New Jersey, like in many states, individuals facing DWI charges often wonder if there are avenues to challenge the accusation. While each case is unique, there are common factors and evidence to explore in an attempt to contest a DUI charge.

1. Examining the reliability of field sobriety tests

One potential area of challenge involves the field sobriety tests conducted by law enforcement officers. These tests, such as walking in a straight line or standing on one leg, are prone to influence by various factors, including weather conditions or medical issues.

2. Uncovering potential flaws of breath tests

The results of a breath test often play a pivotal role in DWI cases. However, breath machines are not infallible. Calibration issues, maintenance problems or even medical conditions can lead to inaccurate readings. Questioning the accuracy of the results can be a key strategy in challenging a DWI charge.

3. Scrutinizing the police stop

Examining the circumstances surrounding the traffic stop is another avenue to explore when challenging a DWI charge. If law enforcement did not have a valid reason to pull you over, it could cast doubt on the entire case. Scrutinizing police procedures during the stop can reveal potential weaknesses in the prosecution’s case.

4. Seeking discrepancies from witnesses

Witness statements, if available, can be valuable in challenging a DWI charge. Discrepancies in the observations of witnesses or conflicting accounts may create doubt about the accuracy of the events leading to the arrest.

In FY 2022, New Jersey Municipal Courts handled 24,254 filings. It is important to recognize that every case is different, and a tailored defense that considers the unique circumstances can make a significant difference.