When you’ve been stopped and arrested for drinking and driving in New Jersey, your whole life can come to a standstill. You may face fines or incarceration, your insurance rates can skyrocket, and you may even put your job at risk. You want aggressive and knowledgeable attorneys who have successfully protected the rights of others in similar situations. You want McNerney & McAuliffe.
Strategies for Challenging a Drunk-Driving Charge in New Jersey
You don’t have to simply plead guilty and accept the consequences—there are many ways to challenge a DUI in New Jersey:
- Challenge the traffic stop—A police officer must have probable cause to make a traffic stop. That means that you must have been in violation of some law, or the officer must have had a reasonable belief that you had or were about to commit an illegal act. Your attorney will carefully review police records to determine whether there was probable cause. If there wasn’t, the charge may be dismissed, even if you tested positive on the blood alcohol test.
- Challenge the field sobriety test—Typically, when you are pulled over, the officer will ask if you have been drinking and may then ask you to take a "field sobriety" test. The purpose of this test is to establish probable cause to give you a blood alcohol test. However, extensive research and testing has demonstrated that many of the standard field sobriety tests are only accurate a percentage of the time. In addition, police officers may use their own field sobriety tests, which may have not scientific merit whatsoever.
- Challenge the blood alcohol content (BAC) test—If you blow a .08 or higher, you are considered legally under the influence. But there are a number of factors that can skew the test. For example, certain types of aftershave or cologne can have an impact on how you test on a BAC test. In addition, if you are diabetic, you may produce high levels of acetone, which can cause a higher reading on a breathalyzer test. Other concerns about a BAC test include the calibration of the equipment, as well as the custody of the results. There are also specific requirements with respect to the timing of such a test.
Contact the Law Offices of McNerney & McAuliffe
Contact our office by e-mail or call us at 201-525-1980. All major credit cards are welcome. We will travel to meet with you, if necessary. Evening and weekend consultations are available upon request.