What are Possible Defenses to Driving While Intoxicated?
There are several legitimate defenses to a DWI charge, including:
BAC Reading was Incorrect: In New Jersey, a reading of a BAC at or above .08 percent is sufficient to sustain a DWI conviction. However, it is possible that the machine used to take the initial reading was malfunctioning or not properly maintained.
Field Sobriety Test Was Improperly Administered: If the state is attempting to prove intoxication by way of a failed field sobriety test, it is possible that the test was improperly administered.
Lack of Alcohol: A breathalyzer may incorrectly confuse mouthwash or medicines as alcohol, causing an improper reading.
