Drunk driving arrests and charges are relatively common in New Jersey, but there is still a surprising amount of misunderstanding and misinformation about them. Below are some common myths and misunderstandings about DWIs.
Breathalyzer tests are not always accurate. If the officer administrating it incorrectly calibrates the breathalyzer or otherwise improperly administers it, the results will be inaccurate. The machines can also themselves be defective or improperly working. If your experienced New Jersey DWI defense attorney can prove any of these elements, the test results should be deemed inadmissible in court.
Many people think that they can avoid a DWI arrest or charge if they refuse to take a breathalyzer test. This is untrue. In fact, if you refuse to take a breathalyzer test, you may even face additional penalties, such as a suspension of your driver’s license, a surcharge, and the mandatory use of the ignition interlock device in your vehicle.
You can still be charged and convicted of drunk driving even if your BAC is lower than the legal limit of 0.08% and are caught operating a vehicle on New Jersey roads. If the prosecution can successfully prove with proper evidence, such as police observation, that any trace of alcohol in your system impact your ability to drive, it would be sufficient for a DWI charge.
New Jersey does not provide a provisional or limited work license for individuals arrested and convicted on drunk driving charges. If your license is suspended due to a DWI conviction, it will be absolute from the time it is suspended in court until it is reissued again by the DMV.
Despite what many people think, a DWI charge is not a “Game Over” notice. The prosecution must prove their case against you beyond a reasonable doubt. Although New Jersey laws are particularly stringent, a skilled New Jersey DWI defense attorney can present valid defenses to avoid a conviction.
The bottom line is that if you are arrested on drunk driving charges, it is important that you do not wait to reach out to an attorney to protect your legal rights. The quicker you contact and hire an attorney, the quicker your attorney can work to devise a defense strategy to prevent a conviction.
If you have been arrested for drunk driving, you should discuss your case, including any potential meritorious motions to suppress, with an experienced New Jersey DWI attorney. For more information or to schedule a free consultation with one of our skilled attorneys, please call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404.