Common winning defenses to beat a first-time DWI charge in New Jersey include challenging:
- Test evidence: You can challenge the accuracy and validity of breath, chemical, and field sobriety tests. You can also challenge the arresting officer’s recollection of the arrest.
- Field sobriety tests: Field sobriety tests are subjective, and the officer just eyeballs your performance.
- The Breath test operator: In New Jersey, a breath test operator must have a valid and unexpired operator’s license. If they don’t, the breath test is inadmissible.
- The arresting officer’s procedures: You can argue that the arresting officer failed to follow proper procedures.
- Constitutional rights: You can argue that the arresting officer violated your constitutional rights. For example, you can show evidence that the police didn’t see anything in your driving that might be probable cause for them to suspect a traffic violation or any other kind of crime.
- Breath or blood test equipment: You can argue that the breathalyzer or blood testing equipment used as evidence was not working properly.
Other strong DWI defenses include:
- Challenging the 20 minute observation period
- Failure to provide discovery
- Field sobriety conditions
- Invalid video evidence
- Your right to a speedy trial
- Challenging the CAD report
Under current 2024 New Jersey law, a recent DWI is a traffic offense, not a criminal offense. This means that a conviction for DWI can never be expunged from a driving record. This is a prime reason why a local first-time DWI defendant should always fight to get a case dismissed or charges dropped to a less serious offense, which can then be expunged.
How to Fight Back and Win Against a First-Time DWI Offense in New Jersey
As DWI defense lawyer specialists in New Jersey at FightDUICharges, our Board Certified attorneys have helped countless panicked clients after a local first-time DWI arrest. You’re probably wondering, “Can I get this charge dismissed?” and “What’s the best way out of this mess?”
While a recent DWI conviction in New Jersey carries serious consequences under 2024 state laws, a reliable lawyer can identify weaknesses in the prosecutor’s case and likely get first offense charges reduced or even dismissed.
Here, we provide insight for the top strategies used by expert DWI lawyers in the area to fight first-time charges and showcase real-life examples of how these tactics have secured victories for clients in your shoes.
Before we dive in, remember:
- Don’t talk to the police without a lawyer present. Anything you say can be used against you.
- Gather any evidence you have, like dashcam footage or witness statements, ASAP.
- Act fast. Contact a top DWI lawyer immediately. Every minute counts for the best chances to beat the charges.
Top 3 Most Effective Ways to Get Your First DWI Charge Dismissed
1. Challenging the Stop:
- Unlawful traffic stop? Your lawyer can analyze the officer’s justification for pulling you over. If the stop was deemed unconstitutional, all subsequent evidence, including breathalyzer results, becomes inadmissible.
- Field sobriety tests: These are notoriously unreliable. Your lawyer can argue for their exclusion due to improper administration or medical conditions affecting your performance.
Case Example: Owen, a truck driver, was pulled over for “swerving slightly.” His attorney argued the stop was pretextual and had the judge agree, leading to a dismissal.
2. Breathalyzer/Chemical Test Challenges:
- Calibration issues: Breathalyzers require regular calibration. Your lawyer can obtain maintenance records and expert testimony to cast doubt on the device’s accuracy.
- Medical conditions: Certain medical conditions like diabetes can skew breathalyzer results. Your lawyer can present medical evidence to challenge the test’s validity.
Case Example: Kaylee, a diabetic, was arrested for her 1st DWI offense. Her lawyer obtained medical records proving her condition interfered with the test, resulting in a lowered charge that was later cleared from her record.
3. Procedural Errors:
- Miranda violations: Did the officer properly inform you of your rights? If not, any statements you made may be excluded.
- Chain of custody issues: Was the breathalyzer sample handled properly? Errors in handling can render it inadmissible.
Case Example: Tony was arrested for DWI, but his attorney discovered the officer failed to read Miranda warnings. The judge suppressed Tony’s statements, leading to the DWI charges getting thrown out in court.
Remember: Even the strongest cases have weaknesses. The most experienced DWI defense lawyers in the area will provide a free arrest review, and always meticulously analyze every aspect of your case to find them and exploit them to your advantage.
Don’t let the fear of cost deter you from seeking the best local DWI help in NJ. Many top-rated lawyers for DWI cases in New Jersey provide free local attorney help on call 24 hours with a case evaluation to review your best defense options to beat the charges, before you decide on hiring one.
Your freedom and future are worth getting a free arrest review to help avoid a first-time DWI conviction entirely.
On 8/27/22 at 11:41pm, I was pulled over by Officer Franco after turning right onto Wellington Avenue from Dorset Avenue In ventnor city NJ, as my girlfriend, Sara, and I were going to drive home after fishing for a few hours. Officer James Franco stated that he pulled me over due to a brake light being out, however, neither Sara nor I were aware of this until this stop.
He stated that he smelled alcohol in the car. Sara explained that, while on the pier, she spilled wine on herself. He was questioning why we would travel from Pennsylvania to New Jersey in the evening hours to go fishing and why we were not staying local.
Officer Franco requested that I complete a sobriety test at which time I complied. I admitted that I had a small amount of wine early while I was fishing, however, not enough to impair my driving. The consumption of the wine was not immediately prior to driving as I was on the pier for over 4 hours.
I tried to explained to him that I have diabetes and a back injury. I was not able to provide an exact diagnosis regarding the back injury at the time of the sobriety test, however, upon review of my medical records, I found that I have disc bulging and protrusion in my lumbar spine.
I was not able to successfully complete the one legged stand or the walk and turn. In addition to having type 2 diabetes and the back injury, I have also been diagnosed with peripheral neuropathy, being underweight, abnormal weight loss, and damage to my eyes related to diabetes.
I cannot recall if the diagnosis provided was macular degeneration or glaucoma. My health conditions have caused impairment to my balance, coordination, and overall strength. I am not able to work due to the decline in my health.
Officer Franco has charged me with operating under the influence of liquor or drugs, reckless driving, traffic on marked lanes, and maintenance of lamps.
When I was pulled over, I was driving the speed limit, used my turn signal, and was wearing my seat belt. The charges of reckless driving and traffic on marked lanes was not explained to me. Upon arrival at the Police Station, a breathalyzer was completed, however, I was never informed of the reading.
Sara, who also admitted to drinking, requested a field test as well so that the car was not impounded. This was completed and she was able to assume custody of me after being processed.
During the initial questioning, Sara provided much of the information requested as English is my second language and I have anxiety related to prior negative treatment by law enforcement. I was never offered a translator at any time during the ordeal.
Due to the difference in treatment between myself and Sara, who is “white”, I feel that this Officer may have been discriminating against me. I was very cooperative throughout the whole process. I have no prior convictions nor do I have any points or infractions on my driving record.
I was charged with the following:
Operating under Influence of Liquor
Reckless Driving
Maintenance of Lamps
Traffic on Marked Lanes
Did the officer give you a breathalyzer? All the field sobriety tests are made for you to fail. Always decline to do those tests. What will be important is your BAC levels if they took them. I don’t doubt there was possibly discrimination; but proving that would require a civil attorney. This type of treatment is pretty normal for any male driving no matter what color. The police will always scare or trick you into doing the field sobriety test which is always a fail. My advice is to have an experienced DUI defense attorney argue your health conditions and possibly get some of the charges dismissed with a plea bargain.
I have been convicted of DWI Refusal to chemical test and reckless driving and my driving privileges are off for 3 years starting March 2022. Is there anything that can be done to get the driving ban reduced?
I am a single middle aged woman with a 13yr old at home trying to pick up the pieces of a bad past. I realize I made a terrible choice having that 2nd glass of wine at home that led to the DWI charges. We were going to the lake, the whole family, my daughter’s husband with my 3 grandkids, my 13yr old and I.
My daughter asked me to get ice, water and juice for the kids. I got lost, my phone wasn’t responding correctly, it started getting dark and my vision is very weak when it is dark. I cant see clearly when its dark. I wear reading glasses. I was driving under the limit trying to get to my right when I was signaled to stop and pull over.
The officer asked me if I had anything to drink I told him I had 2 or 3 glasses of wine earlier. He wanted to do the balance test but I couldn’t because I have 3 herniated discs and a broken foot. He asked me to follow his finger with my eyes and I did. He then turned me around and explained I was being arrested for driving under the influence. I believe there were two other police officers in their own cars.
I told them I was very scared and nervous. The officers proceeded to take me into the station for DWI. Another police officer explained to me that he had to do a breathalyzer test and if I refused that would be held against me. Then he handcuffed me to a bench in the back. I was there for hours.
I asked to go to the rest room and a female officer guided me to the rest room and back to the bench. I was there about 3-4 hrs then they asked me if someone could get me but I was so far from home. My adult daughter has her kids. My adult son was in NY with his girlfriend and some friends and my 13yr old is too young. They called me a cab to get home.
In reviewing the tickets and DUI paperwork, the officer claimed I was in a gray 4 door in actuality I was in my son’s white 2 door Honda.