How to Challenge A DWI
DWI

How to Challenge A DWI

The market is awash in how-to and self-help information, but this list is one of the most useful out there if you’ve been arrested for a DWI in the state of New Jersey.  There are many things you can do to protect yourself and your rights following an arrest for a DWI, as well as to prevent conviction. This list gives some of my top ways to challenge a DWI in New Jersey, which are critical to know when preparing a proper defense for any DWI or DUI case.

  1. Was the stop legal? Unless the police officer who charged you with DWI has probable cause to believe you’ve been breaking the law, or your car is moving erratically, you are protected under NJ law. Looking into the reason you were stopped is critical in this defense.
  2. Issues with Breath Tests. One of the top ways prosecutors attempt to win a DWI case is with their breath test data, but there are several potential holes here in how the tests were administered. If the breath test operator wasn’t licensed to do so, or if his breath test operator license is expired, the data is not admissible into court. Additionally, the breath test machine might be inaccurate or set improperly. Unless the prosecution can prove that all steps were followed properly, your breath test results could also be thrown out.
  3. Witness Testimony. Look into the opportunity to provide additional independent witnesses to your case. If there was a bartender, bystander, or hospital employee who you believe can vouch for your sobriety during the incident, having them testify can be very helpful. Additionally, expert witnesses who can verify or counter the validity of your tests will provide ample support as well.
  4. Provisional Failures. There are a lot of steps an officer has to take while conducting the initial DWI investigation. If you haven’t been read the NJ Implied Consent Law before taking a breath test, or have been observed for at least 20 minutes before the breath test, either way the results could be thrown out of court or have the charges dismissed entirely.
  5. Personal Health Conditions. Back again to the many issues surrounding breath tests, there are a number of health conditions that can have adverse effects on multiple field sobriety tests. These include issues involving your back, eyes, legs, arms, and even a history of diabetes. Even asthma medication or mouthwash can falsely show up as alcohol on a breath test.
  6. DRE Unreliability. Drug Recognition Evaluation, which often includes taking the blood pressure and temperature of a defendant, has been proven unreliable in NJ court and can be thrown out of your case if properly proven.

While the above tips are a great way to protect yourself, arguing your own case in court can be a daunting task. Armed with the above information and years of defending clients such as yourself, I can provide you with the experience and skills you need to reach the best solution for your case. In addition to the above, there are many other ways that I can prove my clients not-guilty for a DWI case, including scrutinizing field sobriety tests and non-standard field tests, challenging misused blood samples, and examining the dispatch tapes taken during your arrest. Contact me, Robert E. DePersia II, at 856-795-9688 for a free phone consultation on how I can use all of these techniques to represent your case.