Driving Under the Influence or DUI charges are complex things and can affect the normal life of an individual caught on highways. As a civilian, you must have the know-how on the DUI charges- the concerned laws and regulations and the guidelines. This awareness will help you stay away from DUI charges and fight if you are charged.
All you need is to hire a competent New Jersey DUI lawyer. They are experienced enough to guide you throughout the entire journey of struggle.
Here are some ways through which you can chalk out your defense and fight DUI charges. Please read the article; you will get some good information.
How To Beat Dui Charges?
Here are some ways through which you can beat the DUI charges. Therefore let’s try to understand the ways things can be managed.
1. Bad Driving Does Not Become Equivalent To DUI Charges
You might observe that the prosecutors will focus on the driving pattern to get a stronghold with the charges. Even the police routinely have an officer who locates the driving pattern to find out the DUI cases. Now, that’s a good way to catch the perpetrators in the snare.
But if you appoint a bonafide New Jersey DUI Lawyer, they can use this point to pave your pathway of safeguarding. The lawyers will counter-argue with a “driving pattern.”
Even normal and sober people might have problems with driving and eventually end up with traffic rule violations. This denotes that the driving pattern is not a predictor of driving under the influence of charges.
According to an observation made by the National Traffic Safety Administration (NHTSA), around 35% of the people caught with driving patterns were charged with DUI. So behavior or driving pattern is not all.
2. Field Sobriety Text Don’t Determine Alone Your Fault
The traffic authorities will conduct a Field Sobriety test with you. For example, under the test, they might tell you the back count.
They may tell you to balance on one foot. Your lawyer might take charge on the point that the said test has been performed poorly. This is the reason that they charged you with the crime of drunk driving or driving under drugs. Your attorney might challenge the observation that the prediction of FSTs on alcohol impairment is 95%.
Questions might be raised on the training of the officers. Your lawyer will also complain that balance and coordination during the FSTs can be affected by nerves, fatigue, clothing, and other issues.
So any imperfections or wrong reading might completely affect the case. This way, you can challenge and question the strength of the case.
3. Falsely High Bac Results Can Lead To Danger
Your attorney can take the falsely high result of the BAC to fight your cause. According to the norms, if you will have to attend the BAC trial, you are charged and caught on the highways. The limits of BAC of 0.08% or above can be put in danger (under Vehicle Code 23152(b) VC).
According to the norms, the officials will have to keep you for 15 minutes before conducting any test on you. By this time, they will see that you do not really have anything in your mouth like drinks, mouth spray, and medicines like cough syrups. Now, if an individual is tested under such conditions, the results are bound to be thoroughly inaccurate.
Your lawyer can question the authenticity and clinical safeguarding of the test. If this is established, you can well have a chance to pave your path to getting out of DUI charges.
4. Non-Compliance With Title 17 Regulations Of Blood Breath Testing
This one is a technical term associated with the tests. Title 17 of the California Code of Regulations dictates and governs the laws on the blood and breath test:
- Only technicians who are authorized can perform this kind of test.
- Clinical experts are bound to use alcohol-based clearing agents to sterilize equipment during and after blood sample collection.
- Technicians must ensure that they use preservatives and anticoagulants so that the collected blood samples do not ferment or clot. This will completely affect the test results for sure.
- The preservative and anticoagulant must be within the date of expiry.
- Proper fridging and storing of the blood samples is necessary.
If the New Jersey DUI Lawyer who you’ve hired is able to prove irregularity in any of the norms and standards, they can strongly question the base of the result. If the entire test becomes questionable, the reports and the DUI charges automatically turn null and void.
5. No Proof Of Driving
One of the key elements of the charge and arrest of an individual under the DUI charges is that the prosecutor has to prove that the person charged with the crime was in the driving seat.
You can catch this point firmly to defend yourself. For example, suppose you were arrested from a place with a parked car; you can fight your defense.
It might also be that the police caught you from the accident spot, but actually, no one really saw you in the driver’s seat. If your lawyer successfully establishes in the court, you are safe from the changes.
6. Auto Brewery Syndrome
Auto Brewery Syndrome is a form of medical condition where the alcohol produced is within a person’s digestive system. This happens even if the individual is not intoxicated by some substances.
The condition is associated with some diets in carbohydrates and some other foods and the use of antibiotic drugs. This completely brings things to risk. Conditions like Crohn’s test diabetes and short bowels can trigger the development of yeast in your blood sample. This condition is really risky for you. Your test results can say completely otherwise, even if you are not drunk.
Your eminent New Jersey DUI Lawyer can anchor upon the conditions to draw you out of the charges.
These are the points based on which your appointed lawyer can chalk out your escape route from the DUI charges. Apart from the points discussed, there are some other points like mental alertness, inaccurate blood test reports, error on the police report, mouth alcohol, GERD, and innocent reasons for DUI symptoms that can be used for defense. In that case, you will have no other way but to take the service of an eminent DUI lawyer.