Is There a Way to Get Out of a DWI Charge?
After a particularly hard day at the office, you and a few co-workers decide to blow off some steam and head to the bar. Knowing you have a long commute home, you only have a couple of beers and leave it at that. As you drive home, you go a little too fast and a police officer is soon pulling you over. He asks if you’ve been drinking and you admit that you had a beer. The next thing you know, the cop is arresting you for a DWI after failing a Breathalyzer test. You couldn’t have possibly had enough to be over the limit. What is going on?
Unfortunately, this is a situation that has happened to quite a few people in New Jersey. In September, a coordinator in the State Police Alcohol Drug Testing Unit was criminally charged with allegedly skipping a legally required step in re-calibrating three breath-testing devices used by police to check the blood alcohol level of accused drunken drivers.
According to news reports, Sgt. Marc Dennis is accused of deliberately omitting a step in re-calibrating three Alcotest devices which are used to test the intoxication level of an accused drunken driver. Because of the police sergeant’s alleged actions, more than 20,000 DWI cases in New Jersey may be challenged in a court of law.
So let’s say you believe that you were arrested falsely for a DUI. Is there anything you can do fight the charges against you?
It’s important to note that New Jersey has very strict laws when it comes to drinking and driving. Even a first time offender could be facing jail time. However, there are ways to fight a DUI/DWI charge in New Jersey:
- Challenge the initial stoppage of your vehicle: In the scenario above, you were stopped because you were speeding. However, let’s say you were following the law when you were pulled over. If there was no probable cause to pull you over, then the case may be thrown out.
- Challenge the field sobriety tests: Police have been specially trained to conduct field sobriety tests. However, these tests must be administered properly and if the officer fails to conduct them properly, you have a fighting chance at getting your case dismissed.
- Challenge the Breathalyzer test: As the recent police scandal has shown, these devices can give a false reading if not properly calibrated.
Of course, we urge that you don’t fight this charge by yourself. It’s best to get an experienced DUI lawyer to help you with your case.
If you were arrested for a DWI in New Jersey, don’t fight it alone. Contact the Law Offices of Anthony Carbone today for a free consultation.