Common NJ DWI Myths

There are a few common myths about DWI charges in New Jersey. Listed below, each myth is examined and discussed in detail with important facts.

DWI Myth 1: Breathalyzer Devices Are Always Accurate And Reliable In A Court Of Law

Police officer hold breath test device

When operated properly breathalyzers can accurately detect blood alcohol concentration (BAC) levels in an individual's body. But, the courts has recognized that these breath test devices have the possibility of errors when not operated properly. If the police officer who is to administer the test does not prepare the test in accordance with state guidelines or misses a crucial step in administering the test, the results may be considered faulty and be inadmissible against the defendant.

DWI Myth 2: Standardized Field Sobriety Test (SFST) Results Are Proof Of Intoxication

Standardized Field Sobriety Tests are commonly performed by drivers who are suspected of drunk driving at the instruction of the arresting officer at the scene of a traffic stop. An officer's decision that a driver is under the influence of alcohol or drugs based on his or her performance of a standardized field sobriety test may lead to an arrest. However, it is not scientific proof on its own that an individual is intoxicated. The drivers performance on a sobriety test and their conduct observed by the office will establishing probable cause to take the individual into police custody on suspicion of DWI. Once at the police station, further testing will be performed which will reinforce the arresting officers suspicion of DWI and allow for an arrest.

DWI Myth 3: If My BAC Level Is Below 0.08%, I Can't Be Found Guilty Of DWI

If you have a blood alcohol content (BAC) lower than the legal limit of 0.08% and are caught driving on the roads of New Jersey, you can still be charged and convicted of a DWI. If the prosecution can show, through evidence such as police observation, that having any alcohol or drugs in your system affected your driving ability and is sufficient for a DWI charge.

Call out arrested

DWI Myth 4: If I Refuse A Breath Test, I Cannot Be Charged With DWI

If you refuse to submit breath samples upon being placed in custody for driving while intoxicated in New Jersey, you will actually face a charge under New Jersey's refusal statute (N.J.S.A. 39:4-50.4a) in addition to a DWI charge under N.J.S.A. 39:4-50. Under New Jersey law, all licensed drivers are required to submit to a breath test if requested by law enforcement. The failure to do so will result in penalties similar to those for a DWI conviction, some of which are even more serious. Additionally, a driver can be charged with DWI even without test results showing their BAC level, based on their driving conduct and physical behavior alone.


The lawyers at Villani & DeLuca, P.C. have over 20 years of experience handling matters involving DWI charges in Ocean County and Monmouth County, New Jersey. Our attorneys will review the facts of your case and determine your best legal options. Call 732-965-3999 today to learn about the DWI Myths in New Jersey!

Act Now Before It's Too Late!

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Mistakes happen all the time. If a mistake was made by the police or the New Jersey prosecution it should not hurt you and your family. Our experienced NJ DWI Defense Lawyers at Villani & DeLuca regularly protect the legal rights of people who have been charged with DWI / DUI or breath test refusal. This traffic offense carries the possible of jail time and costly fines in New Jersey. The stakes are too high and can last for years. A strong legal defense can often convince the courts to have your drunk driving charges dismissed or reduced. Don't risk your future by defending yourself against a DUI! Contact Villani & Deluca today for a FREE case evaluation on all your pending drunk driving charges.

This website is designed for information purposes only and should not be construed as formal legal advice nor the formation of an attorney/client relationship.

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