DWIs are relatively common here in New Jersey, however, there is still a surprising amount of misinformation that exists about them. Please continue reading and speak with our Hackensack criminal law attorneys to learn more about some of the most common DWI myths.
5 Common DWI Myths: Disproven
Myth #1: Breathalyzer Tests Are Fool-Proof
This isn’t true. Breathalyzer tests are usually accurate, but at times, this is not the case. Sometimes, an officer will incorrectly calibrate the breathalyzer or otherwise improperly administer the test. In other cases, breathalyzer machines themselves may be defective or improperly working. If we can prove either of these elements, the result obtained by the breathalyzer should be deemed inadmissible as evidence in court.
Myth #2: You Should Refuse to Take a Breathalyzer Test
Many people assume that if they refuse to take a breathalyzer test, they can’t be charged with a DWI or face another alcohol-related offense. This is untrue. If you refuse to take a breathalyzer test in New Jersey, you will most likely face various penalties, including a fine, a driver’s license suspension of 7-12 months (for a first offense), a surcharge, and the mandatory use of the ignition interlock device in your vehicle.
Myth #3: You Can Only Get in Trouble if Your BAC is Higher Than 0.08%
This is false. If you are stopped by a police officer and are found to have a BAC of .07%, you may still face legal consequences if the officer can prove that your ability to operate a motor vehicle was impaired by alcohol in your system.
Myth #4: Field Sobriety Tests Are Always Accurate
Field sobriety tests are frequently used as grounds to give a person a DWI. That being said, at times, such as when an officer improperly conducts a field sobriety test, or if you have a medical condition/disability that may cause you to fail a field sobriety test, the results of these tests may also be considered inadmissible as evidence.
Myth #5: You Can Fight a DWI Without an Attorney
The only way you’re going to effectively combat a DWI charge is if you have an experienced attorney on your side. Our Hackensack criminal law attorneys are on your side, and they will be through each step of the process ahead.
Contact our experienced New Jersey firm
We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate and knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years. We know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.