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What are some common defense strategies for a DUI?

On Behalf of | Dec 27, 2021 | DWI

When a New Jersey resident is pulled over for suspected drunk driving it can be scary and stressful. A DUI is taken seriously by New Jersey law enforcement and if a person is convicted of a DUI, they can face penalties that affect them for many years. Because of the serious nature of a DUI charge, a defendant will want to get in tough with an attorney as soon as possible. They can offer a number of potential defensive strategies.

  • Improper police stop. In order for an officer to pull someone over they have to see them do something wrong. If a driver was obeying the speed limit, not swerving and obeying all traffic laws it may be possible to assert that the police did not have reasonable suspicion to pull them over.
  • Field sobriety test protocols. Police must follow certain protocols when administering a field sobriety test. If officers engage in disrespectful or overly intimidating behavior the test results may be thrown out. Also, field sobriety tests are just one evidence component, and a person cannot be convicted on just that test.
  • Medical conditions. There are certain medical conditions that can affect a breathalyzer test. Fatigue or neurological conditions can cause slurred speech while allergies can cause watery eyes.
  • Miranda violations. If a person is placed under arrest, police must immediately advise them of their rights. If Miranda warnings are not given, then any evidence gathered thereafter would most likely be thrown out.

A legal professional who is skilled in criminal defense understands that their client is upset and worried about their future. An attorney can offer their client a number of defense strategies that can help reduce or even eliminate any charges against them.