Proof of Intoxication

It is always a mistake to assume the State’s case against you is strong. If you were arrested for driving under the influence of alcohol or drugs (DUI) and would like to discuss your case with one of the lawyers at our Monmouth County firm, the Law Office of Jonathan F. Marshall, please contact our office to arrange a free consultation. One of the issues our attorney will address is whether there is really proof of intoxication.

Can the State prove you were driving while intoxicated (DWI)?

According to New Jersey law, if you were driving a vehicle and your blood alcohol content (BAC) was .08 or more, you are guilty of driving while intoxicated. You may also be arrested if an officer determines by other means that you were under the influence of drugs or alcohol while driving. There are a number of defenses to a claim of intoxication.

Breath test and blood test results are notoriously inaccurate, and it is not uncommon for the officer administering the test to lack the necessary qualifications. If our lawyer demonstrates that the BAC test results were invalid, the judge may dismiss drunk driving charges altogether.

The prosecutor may also claim you were impaired by drugs or alcohol on the basis of eyewitness statements, statements you made at the time of your arrest, or weaving in and out of lanes while driving. Depending on the circumstances, such observational evidence can be successfully challenged.

Field sobriety tests, such as walking a straight line or reciting the alphabet, are usually administered by an officer who has already decided you are intoxicated. Such tests are only 65-75% accurate, and rarely strong enough to convict without other evidence.

If you refuse a blood or breath test you can still be charged with driving while intoxicated (DWI).

Every case is unique, and there are a number of defenses to charges of intoxication. If you would like to speak with one of our lawyers about the circumstances surrounding your arrest, please call toll free 877-450-8301 or e-mail our Red Bank law firm to arrange a free consultation with a lawyer.