How Can I Defend Myself Against a DWI Charge in New Jersey? | Cherry Hill DWI Lawyer

Posted January 6th, 2023.

Categories: Criminal Defense.


There are few charges more damaging to a reputation than those involving DWIs. However, fortunately, with an experienced New Jersey criminal defense attorney on your side, our firm can explore the circumstances of your arrest and mount the best defense possible on your behalf. Please continue reading and reach out to our New Jersey criminal defense attorney to learn more about some of the best defenses against DWI-related charges.

Common Defenses Against DWI Charges in New Jersey

We can argue that you were illegally stopped.

As a licensed driver, you have rights, and you should be familiar with those rights. If you are pulled over by a police officer, you should understand that in certain cases, that stop may have been illegal in itself. If we can prove that the officer did not have a valid reason to stop you, we may have a viable defense against your DWI on the grounds that you were illegally stopped, and, therefore, any evidence gathered by the officer is inadmissible in court.

The 20-Minute Rule was violated.

Here in New Jersey, police officers are required to observe a driver for at least 20 minutes before conducting a breathalyzer test for a suspected DWI. This is so they can be sure the individual is exhibiting signs of intoxication, such as vomiting, regurgitation, or otherwise. If the officer asked you to submit to chemical testing before conducting a waiting period, there is a chance that the evidence gathered from the test may be considered inadmissible in court.

You were improperly administered a field sobriety test.

If you are stopped because an officer believes you are under the influence of alcohol, the officer may require you to participate in a variety of field sobriety tests, such as the One Leg Stand test, the Horizontal Gaze Nystagmus test, and the Walk and Turn test. The purpose of these tests is to determine your coordination, cognitive function, and, ultimately, whether you appear to be intoxicated.

That being said, there are many ways in which an officer can unlawfully conduct these tests, and if we can prove as much, you may have a viable defense. For example, if we can prove that the officer did not read you all of the instructions, did not show you how to do the test, did not tell you that you can remove shoes with heels (as these can throw balance off), and more, we can use this information to your defense. Furthermore, having a health issue that hinders your ability to perform the test, or performing the test on a wet, slippery, or uneven surface may also render the results of the test inadmissible in court. For any further questions, give us a call today.

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