Driving under the influence of drugs or alcohol may increase your risk of being involved in a car accident. It can also result in criminal penalties such as spending time in a New Jersey jail or the loss of your driving privileges. However, there are a number of strategies that you can use to cast doubt on the assertion that you violated state law.
Were you forced to drive while impaired?
If you were forced to drive while impaired by another person, that may be an affirmative defense strategy against a DUI charge. Other affirmative defenses may include asserting that you were involuntarily intoxicated or that driving while impaired was somehow necessary to prevent greater harm from taking place.
Were there issues with how evidence was collected?
It may be possible to assert that the Breathalyzer machine used during a traffic stop was improperly calibrated. You may also argue that the person who performed a field sobriety test of any kind was not properly trained to conduct it. This may be enough to have a blood alcohol reading suppressed before or during trial or to have other evidence collected by an officer thrown out. Depending on the circumstances of your case, having evidence suppressed may also be enough to have a DUI charge reduced or thrown out altogether.
An impaired driving conviction may have a significant impact on your ability to go to school, find a job or obtain housing. However, casting doubt on the evidence used to justify charging you with a crime may help you avoid some or all penalties.
