NJ First-Time DUI Offense: What You Can Do to Fight Back

A first-time DUI can be upsetting. If you’re faced with a first-time DUI charge, you may face fines, license suspension, the installation of an ignition interlock device (IID), a commitment to a program at the Intoxicated Driver Resource Center (IDRC), and, in the worst case scenario, 30 days in jail.

However, you can get through the legal process with the help of an experienced DUI lawyer in New Jersey. An attorney who handles DUI cases can often present a defense that can reduce the charge, improve the outcome, or maybe even get an acquittal.

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The Arguments a DUI Lawyer Can Raise

A DUI lawyer will review all the factors of your case to determine the proper strategies for your defense. Below are some arguments a lawyer can raise.

Unlawful Motor Vehicle Stop

The Fourth Amendment and the New Jersey Constitution, Article 1, paragraph VII, allows all citizens the right to be free of unreasonable search and seizure. Therefore, a law enforcement officer must have a legal reason to pull you over or a reasonable suspicion that a crime or motor vehicle offense occurred.

If the state can’t meet the standard, evidence obtained from the stop can be held inadmissible during a trial or in court.

Vehicle Operation as an Issue

The issue of vehicle operation can also be used as a defense. For instance, you may be sitting in your car with the motor running and are getting ready to drive. Or, you could be parked in your car, engine running, but may prove you had no intent to drive away. For instance, your DUI lawyer might argue that you were listening to music or merely got in your car to keep warm. You have to operate the car with the intent to drive to be charged for DUI.

Unable to Provide Enough Evidence

The prosecutor must provide all the evidence for your DUI case. If the state does not share all discovery content and evidence, your DUI attorney may file a motion to compel the other side to produce the required evidence. If the state fails to comply with the resulting court order, it may lead to a dismissal of the case.

An Inaccurate or Invalid SFST

Before you’re arrested for DUI, you may undergo one or more standardized field sobriety tests (SFSTs). These tests include the walk-and-turn, horizontal gaze nystagmus (HGN eye test), and one-leg stand. Law enforcement uses the test results to show intoxication. However, it’s important to note that in  New Jersey, HGN eye test results can’t be used against a defendant.

According to the National Highway Traffic Safety Administration (NHTSA), the walk-and-turn test has an accuracy rate of about 66 percent. Other factors, including a defendant’s weight, age, and medical and physical condition, may also alter the validity of SFSTs.

Sometimes, non-standardized field sobriety tests are used to determine intoxication. These tests may include reciting the alphabet backward, counting backward, or touching the finger to the nose. The NHTSA does not endorse non-standardized tests as solid indicators of intoxication.

Your DUI attorney will look at any tests you were given outside the required breathalyzer test to build a defense for your DUI offense.

Mobile Video Recorder (MVR) Evidence

Some police departments take MVR recordings of your vehicle stop and the administration of SFSTs. Videos are used to show your mental and physical condition when you were arrested.

You are entitled to receive a copy of videos and the evidence related to your DUI arrest. Sometimes, videos can be used to prove that you performed better on FSTs than what the officer reported in their police report. Failing to produce the videos or their destruction often leads to a dismissal.

Not Reading Implied Consent Warnings

Anyone who faces DUI in New Jersey must have a standardized statement read to them that was drafted and approved by the state’s Attorney General’s office. This statement must be read in a language the defendant understands. If you’re not an English speaker, failure to read the statement for the implied consent warning in your language may lead to a case dismissal.

Violations of the Miranda Rights

The U.S. Constitution requires a police officer to inform a DUI suspect that they’re under arrest and must advise them of their Miranda Rights. The Rights include the following information:

• You have a right to contact an attorney
• If you can’t afford an attorney, you have a right to court-appointed legal counsel
• You have the right to remain silent

Any statements made after you’re advised of your rights may be used by the prosecutor in a court of law.

Alcotest 7110 Certification Issues

A law enforcement officer who uses the breathalyzer Alcotest 7110 device during an arrest in New Jersey must be trained and certified in the machine’s use. Certifications should be current, and copies should be given to your attorney.

If a law enforcement officer is not certified, the breath test results can’t be admitted in court. The device also must be inspected and recalibrated regularly. This process must be documented and completed within a certain period. Documents are provided at trial to show that the machine was operational when the breath sample was taken. Otherwise, any results from the testing may be held to be inadmissible.

Your DUI lawyer should have in-depth knowledge of how the Alcotest 7110 device should be administered and maintained so any evidence from the device is valid and fair.

Failure to Perform a 20-Minute Observation

The alcohol in your mouth can affect the accuracy of your breath sample. The alcohol may be present if you’re chewing gum or you vomit. Therefore, the Supreme Court requires a 20-minute observation of anyone submitting a breath test. If this isn’t done, the DUI charges may get dismissed.

Incorrect Blood Collection or Blood Test

Law enforcement officers are required to follow specific steps for drawing blood. These procedures are different from those used by hospital or EMT staff members. Failure to follow the right protocol may result in inadmissible results. In addition, the law in New Jersey requires the police to obtain a search warrant before a defendant’s blood can be taken without consent.

Forced to Provide a Blood or Urine Sample

You can’t be forced to submit to a blood or urine sample in New Jersey. Therefore, the evidence may be inadmissible if a suspect is forced to provide these samples. A refusal is only applicable to breath tastes.

DRE Evidence

You can’t drive in New Jersey while under the influence of oxycodone, heroin, or cocaine. Some law enforcement officers receive training to perform Drug Recognition Evaluations (DREs). However, this information is not totally dependable evidence when proving guilt beyond a reasonable doubt.

Medical Conditions

Some medical conditions may negatively impact the prosecutor’s proof of intoxication. That’s because some medical ailments mimic intoxication. For instance, diabetes or a prior ankle or knee injury may replicate drunkenness. Other medical conditions affect the validity of the breathalyzer test. These conditions may include the presence of blood in the mouth, postnasal drip, or gastroesophageal reflux disease (GERD).

Testimonies of Expert and Individual Witnesses

Witness testimony can be used to build a defense, especially when your sobriety and behavior are questioned.

Police Reports

In some cases, inconsistencies in police reports can be used to build a compelling defense.

Contact a DUI Defense Lawyer about Your NJ DUI Case Now

To ensure that your DUI defense covers all the bases, you should always speak with a reputable and knowledgeable DUI lawyer. Learn more about your rights and the defense strategies open to you. Contact a New Jersey criminal defense attorney right away.