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3 common defenses to a DUI charge

| Jun 30, 2021 | Criminal Defense |

If you get arrested for drinking and driving, you could face serious consequences. Some of these penalties could include the requirement to spend time in jail, a hefty fine and loss of your driving privileges.

In New Jersey, according to the Division of Highway Traffic Safety, if your blood alcohol content level is at or above 0.08%, you could face consequences for DUI. But you may be able to mitigate or reduce these consequences if you use certain defenses during your case.

1. Lack of probable cause

A law enforcement official cannot arbitrarily pull you over for drunk driving. If the law enforcement official performing the arrest did not have a reason to pull you over, you could use this defense during your DUI case.

2. Inaccurate breath alcohol testing

Breath and alcohol testing can determine your BAC level during the arrest. These tests are not always accurate due to varying factors, like variances in body temperature during test administration or improper calibration and maintenance of the testing equipment.

3. Medical conditions

Certain medical conditions can result in symptoms that mimic the effects of drunk driving. For example, allergies can cause red, watery eyes while neurological issues can affect driving performance.

After your DUI arrest, do not automatically assume that you are guilty and that you face serious charges. Depending on the approach you take as you work through impending hearings and court dates, you may be able to reduce the impact a drunk driving charge has on your future.