How to Protect Your Driver’s License

Saving Your New Jersey Driver’s License

1. DWI cases can be won.

There are many ways to defend a DWI case even if your blood alcohol level is over the legal limit (.08 percent). Breath tests, blood tests and other chemical tests in DWI investigations can be successfully challenged by a skilled New Jersey DWI defense attorney. Your attorney must aggressively attack the field sobriety tests and challenge the breath test readings or blood test results as part of your defense strategy.

2. An experienced New Jersey DWI defense attorney can make a difference.

Hire an experienced defense attorney with a proven track record of fighting and winning DWI cases. John W. Tumelty is well-known for fighting and winning DWI cases.

3. You must file all necessary motions to challenge the state’s evidence.

The best defense in a DWI case is an aggressive and strong offense. All necessary pretrial motions must be filed immediately to preserve your right to challenge the admissibility and reliability of the state’s key evidence, including probable cause for the car stop, probable cause for arrest, field sobriety tests, breath test readings, and blood/urine test results.

4. You may need to retain a qualified DWI defense expert to assist in your defense.

As part of an effective DWI defense strategy, you may need to engage a qualified DWI expert witness. A DWI defense expert can be a powerful asset to help win a DWI case. Mr. Tumelty routinely engages experts in field sobriety tests, police procedures, medicine, physiology, breath testing, urine, and blood testing. A defense expert report is frequently used as a catalyst to convince a prosecutor to downgrade or dismiss a DWI report.

5. A successful defense strategy will require a skillful challenge to the following evidence:

1. Probable cause for the initial car stop. You have an absolute right to challenge the legality of the initial car stop. You should immediately file a pretrial motion challenging the validity of the car stop and moving to suppress all evidence that the police obtained as a result of the initial stop.
2. Probable cause for the DWI arrest. You have the right to challenge the lack of evidence supporting your arrest for suspicion of DWI. Your attorney should file a pretrial motion challenging the legality of the arrest and move to suppress all evidence that the police obtained as a result of the arrest.
3. The field sobriety tests. Standardized field sobriety tests are commonly used by police officers to determine sobriety and probable cause to arrest for suspicion of DWI. The field sobriety tests are controversial and are subject to intense debate in courts. A number of issues that have nothing to do with alcohol intoxication can make you appear physically impaired. Injuries or other physical disabilities can hinder a driver’s ability to successfully perform field sobriety tests. Sleep deprivation, fatigue, nervousness, and anxiety can affect the driver’s performance. Field sobriety tests should not be administered to persons more than 50 pounds overweight and those over 65 years of age. Studies have shown that standard field sobriety tests are not always accurate. All field sobriety tests, even the standardized tests, are highly subjective and can be effectively challenged in court by a skillful New Jersey DWI defense attorney.
4. Breath test (Alcotest) readings and blood/urine test results. Breath test readings and blood test results can be challenged in several ways. Your attorney should challenge the admissibility and reliability of the breath test (Alcotest) readings as well as any blood/urine test results and file necessary pretrial motions to suppress such evidence. The qualification of the officer who administered the breath test and the protocols he or she implemented during the testing process are always subject to attack on cross-examination. The foundational documents relating to the breath test machine (Alcotest) such as the initial certification reports, inspection reports, and recertification reports are also subject to attack on cross-examination. Your attorney should aggressively attack the breath test results and blood test results in a DWI case.Blood/urine test results can be challenged in several ways. First, the manner in which the blood was drawn, preserved and transported to a laboratory for analysis should always be challenged. The state must establish a reliable chain of possession for the blood sample to show that it was properly handled at all stages. The accuracy of the blood/urine test results can always be challenged along with the technician who drew the blood/urine and tested the specimen.
5. Evidence in a drug DWI case. DWI prosecutions based on being under the influence of drugs are quite common in New Jersey. A police officer will typically obtain a urine or blood sample during the arrest process. However, the toxicology analysis only addresses the presence or absence of particular drugs in the evidence specimen. The laboratory analysis does not do a qualitative analysis to determine the level of drugs in the specimen. This means the laboratory analysis is insufficient to prove a driver was feeling the physical effect of the drug while driving. The arresting officer may have a drug recognition expert evaluate the individual to determine drug impairment. The results of a drug recognition expert can always be challenged under a skillful cross-examination and with a qualified defense expert.

Contact My New Jersey Office

If you’ve been charged with a DWI and want to protect your license, call me today at 609-390-4600 to discuss your case or to schedule a free initial consultation.