New Jersey DWI Lawyer Blog
Whether you’ve received a summons for driving while intoxicated or been arrested for prescription drug DUI, there’s a good chance that you’ve been wondering if a drunken driving defense attorney is worth the expense. It makes little difference whether you live in Morris, Ocean or Middlesex County, if you’ve been stopped by the NJ State Police or a local patrol officer, the resulting drunk driving arrest and possible conviction can complicate most anybody’s life.
Because there is so much to lose as a result of being convicted for drunk driving or illicit drug DUI, it’s a good idea to consult with an experienced DWI attorney to find out where you stand. Penalties for driving under the influence of alcohol, marijuana or other controlled dangerous substance (CDS) make it almost imperative to hire a drunken driving defense lawyer.
Maybe a recently traffic stop resulted in a DWI arrest, or perhaps a motorist received a summons for being intoxicated while parked on the roadside, the initial question one must ask is, “Was I really drunk?” The answer to this question is maybe yes, but maybe no. It all depends on the facts and the way in which the police conducted the initial traffic stop and subsequent DUI arrest.
Considering whether or not a DWI charge was warranted, a drunk driving defense attorney can look at all the specifics involved in the case and determine if a conviction is likely. Maybe it is, but one thing is certain, as with any aspect of the law a drunk driving conviction relies on a variety of factors and no outcome is ever written in stone.
As a Garden State DWI lawyer, I know that many of the individuals who seek legal representation believe that they were unjustly accused of driving under the influence. Although some of may have broken the law, most all of them understand that the consequences of a DWI conviction can be substantial. Therefore, it is always best to try and improve the outcome following an arrest.
One aspect of a DWI arrest that causes people to think that the prosecutor has a strong case against them is the results gained from a breathalyzer or Alcotest machine. It may come as a surprise, but if a motorist “blows” a reading over the legal limit of 0.08 percent blood alcohol content (BAC), it doesn’t automatically follow that the individual will be convicted of drunken driving. This is why it is important to remember that just because the breath test showed a high BAC (over 0.08 percent), you are not necessarily out of luck.
A number of factors can affect your BAC, and there are also several other things that can influence the final Breathalyzer reading. Most any experienced drunk driving defense lawyer should know the how a breathalyzer device works; our DWI attorneys know the Alcotest machine inside and out. We also understand how a law enforcement officer should use and maintain it.
For example, most drivers don’t realize that a breath-test machine can often mistake other chemicals for alcohol. It is also important to recognize that burping, hiccupping or vomiting can cause these devices to read incorrectly. The reason is that a breathalyzer is designed to measure the amount of alcohol coming from your lungs. If a driver burps or hiccups prior to the test, any alcohol in your stomach can travel to your mouth, something called “mouth alcohol.” This type of situation can cause the machine to register a distorted BAC reading.
The above example is just one of the numerous factors that can influence the outcome of a DWI case, and is one of many reasons why almost anyone accused of DWI should consider speaking with a qualified drunken driving defense attorney following a traffic stop that results in a DWI or drug DUI. The potential downside consequences make it almost imperative to prepare well for your day in court.