Mark M. Cheser 35 Years of Criminal Defense Experience
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Drunk driving defense techniques that might work in your case

No one goes out on a Saturday night expecting to spend the evening in a local jail cell, but this happens to countless individuals every year -- if police pull them over and arrest them on drunk driving charges, that is.

The DWI arrest itself -- and spending a night in jail -- is not the only thing that accused drivers need to worry about. If the drivers are actually convicted of the DWI charge, the conviction can result in serious criminal consequences like the loss of driving privileges, stiff insurance rate hikes, the loss of employment, the loss of job opportunities and even prison time if the arrest was connected to a serious traffic accident.

Because of the potential for stiff and lasting consequences, those accused of DWI in New Jersey may want to explore the possibility of using one or more of the following DWI criminal defense strategies:

The improper stop defense: If police didn't have a valid reason for pulling over the accused driver -- like failing to drive within the lines, not turning on the headlights, speeding, driving erratically, driving through a red light or some other viable reason -- a court could rule that the police did not have a "probable cause" to carry out the traffic stop and ultimately dismiss the DWI case.

Improper or inaccurate fields sobriety test defense: Many DWI defendants try to point out flaws in the field sobriety test performed by the arresting officer. There are specific rules and protocol that officers must adhere to when performing a field sobriety test. Failure to follow this protocol could render the field sobriety test results invalid.

Problems with blood alcohol content tests: When a driver submits to blood, urine or breath tests to determine his or her alcohol level, it's not always the case that the test results are accurate. Defendants might be able to show that the testing devices were not calibrated or used properly by police. Or, defendants might show that blood test or urine test samples were not taken properly or lab technicians did not handle them properly.

There are many ways to defend against a DWI charge

Not all DWI defendants will be able to achieve a verdict of "not guilty," but it's important for defendants accused of this crime to carefully analyze and utilize all of the defense options that could be useful. Even if a verdict of "not guilty" is unlikely, defendants may still be able to dramatically improve their legal situations in many cases.

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