This blog recently discussed the penalties for drunk driving in the state of New Jersey. Because of the serious nature of the potential penalties and consequences faced by accused drivers, it is additionally important that they are familiar with their criminal defense options if facing accusations of drunk driving.
There are several methods of defending against drunk driving charges accused drivers should be aware of. To begin with, accused drivers may be able to challenge the traffic stop that led to their arrest or a breathalyzer or field sobriety test that led to the drunk driving charges they are facing. It is important that authorities follow required procedures to protect the rights of accused drivers and that includes meeting the appropriate legal standard for conducting a traffic stop.
A drunk driving defense may also be based on challenging the accuracy or reliability of a breathalyzer test. Breathalyzer tests must be properly maintained and routinely calibrated to produce reliable results and the police officer administering one must ensure the driver’s bodily fluids do not interfere with the test results. Additionally, field sobriety tests must be conducted according to the appropriate training received by the police officer to provide reliable results. As always, it may also be possible to challenge evidence, alleged facts and witness statements or present one of the affirmative defenses available.
There are a variety of criminal defense options and resources for drivers facing drunk driving charges. Drunk driving charges can alter the life of the driver in significant ways which is why they should have a criminal defense strategy ready.