Defense to a DWI Charge in New Jersey

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.

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