What is the Best Defense to a DWI in Morristown, NJ?
Posted by Scott Gorman - February 28, 2023

If you are facing a DWI charge in Morristown, you need to do everything you can to protect yourself. Getting convicted of DWI can impact your life for years to come, and the financial costs can be substantial. This means you need to assert the strongest defense possible—but this also raises an important question: What is the best defense for DWI?

Any Morristown DWI lawyer will tell you that the answer to this question depends almost entirely on the facts of your case. While there are several potential defenses to a DWI charge in Morristown, not all defenses are available in all cases. If you try to assert a “good” defense that isn’t relevant given the facts of your case, it won’t protect you.

Choosing the Best Defense for Your Morristown DWI Case

Ultimately, the best defense to a DWI charge is the defense that gives you the best chance of avoiding unnecessary consequences. In some cases, this may involve challenging the admissibility of the government’s evidence. In others, it may involve showing that the government’s evidence does not prove your guilt beyond a reasonable doubt.

When deciding what defense (or defenses) to assert, it is also important to understand how each defense works. While some defenses may protect you entirely, others may only get you part of the way to an acquittal.

For example, many people assume that they will be able to avoid a DWI conviction if they can successfully challenge their blood alcohol concentration (BAC) test results. There are a variety of ways to challenge your BAC reading, and this can be a good strategy in some cases.

But, even if you successfully challenge your BAC, prosecutors may still be able to secure a conviction. Why? Because New Jersey’s DWI statute allows for a conviction based on a high BAC or other evidence that you were “operat[ing] a motor vehicle while under the influence.” So, if you only focus on challenging your BAC reading, rather than defending yourself effectively, what you could really be doing is setting yourself up for a conviction.

The Best Defense Strategy is One that Protects You Entirely

With this in mind, the “best” defense is one that protects you entirely. It is a defense that, if you assert it successfully, the judge will have no choice but to rule in your favor. Some examples of these types of defenses include:

  • Challenging the prosecution’s evidence of your BAC and any other evidence of impairment;
  • Challenging the admissibility of the prosecution’s evidence under the Fourth Amendment; and,
  • Demonstrating that the prosecution’s evidence is insufficient to prove all elements of a DWI charge beyond a reasonable doubt.

Discuss Your Case with Morristown DWI Lawyer Scott Gorman

If you are facing a DWI charge in Morristown, lawyer Scott Gorman can use his experience to help you assert the strongest possible defense. To discuss your case with Scott in confidence, call 973-796-3800 or request a free initial consultation online now.

Published in Categories: DUI / DWI