Proof of Intoxication

New Jersey DUI, DWI: Proof of Intoxication

If you were arrested for DUI and submitted a breathalyzer test, there is still a strong possibility for a successful outcome at your trial.The defense attorneys of John F. Marshall are skilled, former prosecutors who know both sides of DUI charges.Breathalyzer tests are often proven inaccurate or flawed by our criminal defense attorneys.In spite of the evidence, it is a mistake to assume that the state has a strong case against you.

Can The State Prove Its Case?

New Jersey law dictates that any person driving a vehicle with a blood alcohol content of .08 or more is guilty of driving while intoxicated.Officers have many tools at their disposal to ‘prove’ your degree of intoxication, however, there are also a number of strong and successful defenses to charges of DUI or DWI.

The most common and defended forms of proof are breath and blood alcohol tests.Fortunately for you, these tests are notoriously inaccurate and are often found to have flawed reporting.One of the key issues your defense attorney will raise is whether or not the test was accurate and if the breathalyzer was capable of supplying 100% accurate results.Drunk driving charges could be dismissed if the evidence is found to be inaccurate or flawed in any way.

O bservational evidence like field sobriety tests, erratic driving and witness statements can also be successfully challenged .Field sobriety tests are only 65%-75% accurate and are rarely used to convict without other hard evidence.

Remember, refusing a blood or breath test will not dismiss charges of DWI.You must be represented by a skilled DWI defense attorney who has successfully defending other DWI and DUI charges.

If you would like to speak with one of our lawyers about the circumstances surrounding your DWI arrest, please call toll free 877-450-8301 to arrange a free consultation with a lawyer.