7 Defenses to DUI Charges in New Jersey
Posted by Scott Gorman - July 17, 2020

In New Jersey, a DUI charge can lead to jail time, fines, loss of driving privileges, and other penalties. Avoiding these penalties requires a strategic defense, and it is important to work with an experienced Essex County DUI attorney to determine what defenses you have available.

There are several potential defenses to DUI charges in New Jersey, but not all defenses apply in all cases. With that said, if you have one or more of the following defenses available, you may be able to avoid the harsh consequences of a conviction for DUI:

1. You Were Illegally Stopped

To pull you over for DUI, the police must have “reasonable suspicion” that you were driving under the influence. If you were stopped because of your race, gender or sex, or if you were stopped for any other unlawful reason, then all evidence obtained subsequent to your traffic stop may be inadmissible in court.

2. You Were Illegally Arrested

In order to make a DUI arrest, the police must have “probable cause” to believe that you are guilty of drunk driving. If the arresting officer lacked probable cause, this, too, can result in the State’s evidence against you being deemed legally inadmissible.

3. You Weren’t Read Your Miranda Rights

Once you are taken into custody, the police are required to read your Miranda rights prior to conducting an interrogation. If you were interrogated in custody without being read your Miranda rights, then any statements you made in response to police questions may be inadmissible in your DUI case.

4. Your Breath Test Results are Unreliable

Breath test results can be strong evidence of driving under the influence, but they can also be proven unreliable in many cases. From improper calibration and faulty breath test administration to mishandling of test results, various issues can lead to the inadmissibility of your blood alcohol concentration (BAC).

5. Your Field Sobriety Test Results are Unreliable

There are also a number of issues that can call into question the relevance of your performance on the field sobriety tests (FSTs). While FST results are admissible in New Jersey DUI cases, there are numerous possible grounds for challenging the validity of FST results in court.

6. The Prosecution Doesn’t Have Enough Evidence to Convict You

Since the prosecution has the burden of proof, if there is not enough evidence to prove that you were driving under the influence, then you cannot be found guilty at trial. This is true regardless of whether or not you were drunk behind the wheel.

7. You Weren’t Actually Driving Under the Influence

Finally, while you do not have to prove your innocence, if you can prove your innocence, this can obviously be a very strong defense. If it is possible to prove that you were not actually driving under the influence (or if you can call the prosecution’s evidence into question), then you can defeat your DUI.

Discuss Your Case with Essex County DUI Attorney Scott Gorman

Are you facing a DUI charge in Essex County? If so, we encourage you to contact us promptly for a free and confidential consultation. To discuss your case with Essex County DUI attorney Scott Gorman, call 201-489-9199 or send us your contact information online now.

Published in Categories: DUI / DWI