Have you recently been charged with driving while under the influence (DUI)? This can be an extremely scary experience as you face an array of harsh penalties such as fines, license suspension, and even jail time. However, there is no need to panic yet as the prosecution will be required to prove your guilt beyond a reasonable doubt. This can be challenging in some cases as there are potential defenses that can identify legal flaws in the prosecution’s evidence. This includes breathalyzer errors, medical conditions, and police errors. When facing a DUI conviction, you need to retain a competent Camden County DUI Attorney who can raise all available defenses to protect your interests. Keep reading to learn about some of the best ways to beat a DUI charge in New Jersey.
How can I beat a DUI charge in New Jersey?
When a police officer has reasonable suspicion to believe that you are DUI, they can perform a traffic stop and require you to take a field sobriety test to determine whether you are intoxicated. However, they can only stop a vehicle if they have probable cause. If there is no reasonable suspicion the police cannot seize or otherwise temporarily detain you due to your 4th Amendment rights. Any evidence obtained unlawfully cannot be used against you. Your criminal defense attorney can file a motion to suppress certain evidence obtained through an illegal search. This can result in the prosecution not having enough evidence to convict you.
Another potential defense is breathalyzer test errors. Oftentimes police officers fail to administer a breathalyzer test properly which results in inaccurate blood alcohol concentration (BAC) readings. When the device is not calibrated or maintained correctly it can cause a margin error. Margin errors can also occur due to the physical differences between drivers that affect the partition ratio. A partition ratio is used to estimate your BAC level. Inaccuracy with the administration or partition ratio can cause false positives.
Can a medical condition cause my BAC level to read inaccurately high?
Many people often do not realize that medical conditions such as diabetes, hypoglycemia, and low-carbohydrate diets can trigger ketosis. Ketosis is the metabolic process triggered when the body does not have enough carbohydrates from food for your cells to burn for energy. If you do not have sufficient carbohydrates your body will burn fat cells instead and produce ketones. If ketones are eliminated from the body, they convert into alcohol. If you submit a breath test with mouth alcohol it will result in accurate BAC levels. Ketones cause your reading to be higher than is as accurate. Therefore, if you have the above-listed conditions, breathalyzer inaccuracy can be used as a possible defense to beat the DUI charge as it would explain why your BAC level was so high.
Alongside these potential defenses, there are dozens of other DUI defenses that could help you beat a DUI charge. However, you need to acquire the right legal representation as your attorney can help you explore all available defenses that may help you reach reduced or dismissed charges. If you have been charged with a DUI, contact one of our talented and determined team members. Our firm is prepared to represent your interests today to help you avoid harsh penalties.