You may think a DWI arrest is the end of the road. This is not necessarily the case. Many technicalities exist that can potentially get you off.
If you get arrested for a DWI in New Jersey, do not automatically plead guilty and do not speak with your arresting officer. Contact an experienced attorney who knows how to get your charges dropped. Continue reading to learn about some of the ways you can mitigate or altogether drop your DWI charges.
Breath test error
A breath test does not automatically mean a guilty verdict. Police officers in New Jersey need to follow a specific procedure for administering the test. The equipment needs maintenance calibrated to produce a valid breath test.
Proof of refusal
Keep in mind that if you refuse to take a breath test, New Jersey statute 39:4-50.2(e) states that you will receive a refusal charge in addition to your DWI charge. The court presumes you are guilty, and you risk the loss of your license for up to ten months. However, the police officer also needs to prove the refusal is valid. To do this, they must submit evidence they asked you to take the test, and you refused it two times.
If the officer cannot produce evidence for any of the above situations, a judge might throw out the case entirely. However, even if they do not dismiss the case, you can still receive a lighter sentencing.
DWI offenses in New Jersey are serious. However, if the arresting officer did not follow the procedure, you stand a chance of a reduced sentence or outright acquittal. Do not assume your guilt, and avoid divulging more information than necessary.