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Is it Worth Hiring a DUI Defense Lawyer if I was Driving Drunk in New Jersey?

August 12, 2021 | Posted In Drunk Driving |

You got caught driving drunk. While you would like to be able to argue your innocence, there is no question that you were legally impaired behind the wheel. Given that this is the case, is it worth hiring a New Jersey DUI lawyer? Or is it time to accept the consequences of your mistake?

You Should Absolutely Hire a New Jersey DUI Lawyer if You Were Drunk Behind the Wheel

Even if you were driving drunk, you could still have several defenses to your New Jersey DUI. From exposing police mistakes to leveraging prosecutorial miscues, there are several ways an experienced defense lawyer may be able to help you. Some examples of defenses a lawyer may be able to assert on your behalf if you were driving drunk include:

Your Traffic Stop was Unconstitutional

Under the Fourth Amendment, the police must have “reasonable suspicion” to conduct a traffic stop. Therefore, if the police stopped you because of your race, gender, or any other factor unrelated to your suspected commission of a crime or traffic offense, this could provide a complete defense to your DUI.

Your Arrest was Unconstitutional

The Fourth Amendment also requires “probable cause” for an arrest. If the police arrested you without probable cause, this could provide a complete defense as well.

Your Test Results are Unreliable

Breath, blood and urine test results can be unreliable for a variety of different reasons. From using an uncalibrated Intoxilyzer to failing to prevent possible contamination, an experienced New Jersey DUI lawyer will be able to examine numerous possibilities for keeping your test results out of court.

Your Statements are Inadmissible

Once the police arrest you, they must read your Miranda rights before conducting a custodial interrogation. If the police interrogated you in custody without reading your rights, then your statements (including your confession, if any) may be inadmissible in court.

The Prosecution’s Case Isn’t Strong Enough

In DUI cases, the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt. If the prosecution’s case isn’t strong enough, then it doesn’t matter whether you were driving drunk when you got arrested. An experienced New Jersey DUI lawyer will be able to examine the prosecution’s case and use any shortcomings to your advantage.

Finally, even if the prosecution has the evidence it needs to secure a conviction, an experienced lawyer may still be able to help mitigate the consequences of your DUI. Sentences for DUIs can vary widely, and your lawyer will be able to use his or her experience to help ensure that your sentence is as light as possible.

Talk to a New Jersey DUI Lawyer in Confidence

Were you arrested for driving drunk in New Jersey? If so, it is strongly in your best interests to speak with a lawyer about your case. To schedule a confidential consultation with a New Jersey DUI lawyer at Helmer, Conley & Kasselman, P.A., call 877-435-6371 or request an appointment online now.

 

Over 20 attorneys at HCK have extensive experience in defending DUI cases as they were former assistant prosecutors and/or police officers for a combined total of over 600 years of law enforcement experience. You can find out more about them on our site, and you can call Managing Partner Ron Helmer on his cell phone at 609 685-0665.

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