If you are accused of driving while intoxicated (DWI), you may be facing some serious consequences. You are potentially up against extended jail time and hefty fines. But even worse is that you may spend the rest of your life in a struggle to obtain employment, housing, loans, and parental rights due to your permanent criminal record. This is why a strong defense strategy is critical. Read on to discover the best ways to beat a DWI charge and how one of the seasoned Bergen County criminal defense attorneys at McNerney & McAuliffe can best support you.
What are the best defenses to beat a DWI charge?
When you are put on trial for an alleged DWI, you are considered innocent until the prosecutors prove you guilty “beyond a reasonable doubt.” More specifically, the burden of proof means that the prosecution has a legal burden of proof that they are required to fulfill to affirm your guilty conviction in your criminal case.
With that being said, the best way to beat your DWI charge may be to poke at legal flaws on the prosecution’s part or otherwise raise doubts about the prosecution’s key evidence. Examples are as follows:
- You may argue that there were errors, inaccuracies, or missing information in the police report conducted at the time of your stop.
- You may argue that there were errors or inaccuracies in the breathalyzer test, blood test, or field sobriety tests conducted by a law enforcement officer at your stop.
- You may argue that the law enforcement officer did not have probable cause to pull you over in the first place.
- You may argue that your blood-alcohol content (BAC) level was raised with the delay of the law enforcement officer administering the breathalyzer test.
- You may argue that your diabetes caused the breathalyzer to read an inaccurately high BAC level at the time of your stop.
- You may argue that there was no proof of you driving at the time of your stop (i.e., there was no key in the ignition, the car was parked, you were sitting in the passenger seat, etc).
How can an attorney help me?
Because of the serious repercussions that come with a guilty verdict, it is highly recommended that you do not go through your DWI trial alone. Rather, a legal representative may assist you in successfully arguing for any of the aforementioned defenses. This may ultimately dismiss key pieces of evidence from your trial and cause the prosecution to fail at satisfying their required burden of proof.
One of the competent Bergen County criminal defense attorneys is available to step in whenever you are ready to initiate your defense strategy. Simply call our firm at your earliest possible convenience.