DWI

*Ignition Interlock Device

Our first step is to enter a Not Guilty Plea in writing.  We’ll request all available discovery (evidence that the State may have against you, including any video and audiotapes which might exist) and request a postponement of your Court date until the evidence is received and reviewed. The State must provide all evidence that will be introduced at the trial, if a timely request is made.  The State is obligated to prove you guilty beyond a reasonable doubt in order to receive a guilty verdict.  Although the Court attempts to resolve all DWI matters within 60 days, a Court may not force us to resolve a DWI matter until we are given an opportunity to review all requested evidence.

Based on the evidence they have, we’ll determine if we think the State can prove you guilty beyond a reasonable doubt. We’ll investigate all claims to ensure there was sufficient reason (probable cause) for the police to stop your vehicle. We’ll review all available information to make sure that your Constitutional rights were not violated throughout the arrest process, including your account of any field sobriety tests (FSTs), the results of any breathalyzer or ‘Alcotests’ that were performed, the police report and that the police followed proper procedure through every step of the process.  If your 4th Amendment right to avoid an unreasonable search and seizure was violated, or your Miranda rights were not properly adhered to, we’ll most likely move to file a suppression motion with the Court requesting the Judge to exclude evidence found against you.  If successful, the State often will not be able to proceed against you on these charges.  Failing a suppression ruling, we may be able to overcome reasonable doubt on the basis of a failure to follow proper procedures and respect the protection afforded to you by the Constitution.

A blood alcohol level (bac) of .08 or higher is considered a violation of the law.  If such a reading is entered into evidence against you, it will most likely result in you being found guilty and convicted of a DWI.  To reduce the penalties and loss of license, we will try to have such a reading thrown out and defend against any case the State attempts to build through observation of your behavior.

To challenge the Alcotest, we will try to determine if the officer was properly trained and certified to administer this test, if the machine had been calibrated within the time period required.  Other considerations include a required uninterrupted 20 minute observation period prior to the test and the condition and state of the solution and probe used in the test.

Refusing to Take a Breathalyzer
If you refused to blow into the Alcotest, or attempted to do so but failed to achieve a a good reading, you are likely to be charged with ‘refusal to provide a proper breath sample’ under N.J.S.A. 39 § 4-50.2, in addition to a DUI charge.

Upon probable cause, New Jersey requires that you provide a valid breath sample.  If this is not done, the penalties for this violation are equal and in some cases more severe then just the DUI alone. In these cases we must check to determine if there was a valid reason to ask you to provide a breath sample and that you were read a statement detailing the penalties associated with such a refusal.

DUI versus DWI
DUI (Driving Under the Influence of a Controlled Dangerous Substance) charges for drugs are cases that require the State to prove you guilty by observations of the officer. They usually require a special DRE (Drug Recognition Officer) to evaluate you, and write a report detailing why they believe your abilities were impaired. (The exception is for marijuana, where any officer can make these observations). Often there is a urine or blood sample which the State will also attempt to enter into evidence to sustain a conviction.  Additional drug offense charge may also be levied against you.