Facing a DUI charge in New Jersey presents serious risks. Along with fines and other penalties, DUI convictions can lead to academic, professional, and other consequences. As a result, it is critical for individuals who are facing drunk driving charges to hire an experienced New Jersey DUI lawyer who can help protect them by all means available.
When you hire an experienced New Jersey DUI lawyer to represent you, one step your lawyer will take is to determine what grounds you have to challenge your blood alcohol concentration (BAC) reading (if you complied with New Jersey’s implied consent law). However, challenging your BAC might not be enough. If prosecutors have other evidence against you, they may still be able to secure a conviction even if they can’t use your BAC reading in court.
There Are Two Types of DUI Charges Under New Jersey Law
Why? What most people don’t realize is that there are two types of DUI charges under New Jersey law. While prosecutors can secure a conviction based on a defendant’s BAC, they can also secure a conviction based on other evidence that the defendant was “under the influence” at the time of his or her arrest. If prosecutors can prove that you were driving under the influence, they don’t need your BAC reading.
This is made clear in Section 39:4-50(a) of the New Jersey Revised Statutes, which states:
“A person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08 percent or more by weight of alcohol in the defendant's blood . . . shall be subject [to penalties for DUI].”
The second use of the word “or” is key. Under Section 39:4-50(a), prosecutors can secure a conviction based on operating a motor vehicle while under the influence, “or” based on a driver having a BAC of 0.08 percent or above. This means that even if prosecutors can’t use your BAC reading, they may still be able to use other evidence to secure a conviction.
Fighting a New Jersey DUI Charge When Prosecutors Aren’t Relying on Your BAC Reading
So, let’s say you are facing a DUI charge in New Jersey and prosecutors aren’t planning to rely on your BAC reading (either because you refused the breathalyzer or because your lawyer has challenged your BAC reading successfully). How can you fight your DUI in this scenario?
If prosecutors are planning to use other evidence to prove that you were driving under the influence, you need to know what evidence they have in their possession. Some examples of other types of evidence prosecutors commonly use in New Jersey DUI cases include:
- Dash camera and body-worn camera footage
- Traffic and surveillance camera footage
- Police officer testimony
- Eye-witness testimony
- Field sobriety test (FST) results
- Open containers and other forensic evidence
- Receipts, account statements, social media posts, and other forms of documentation
You have the right to find out what evidence prosecutors have in their possession before your trial date arrives, and your New Jersey DUI lawyer can work to obtain copies of the prosecution’s evidence on your behalf. Learning what evidence prosecutors are planning to use against you will allow you to:
- Determine if You Have Grounds to Seek to Keep This Evidence Out of Court – Just like BAC readings, other forms of evidence may be subject to challenge on various grounds. If the prosecution’s evidence is unreliable, if police obtained the evidence in violation of your constitutional rights, or if there are any other issues with the evidence prosecutors intend to present in court, challenging the evidence could be key to avoiding unnecessary consequences.
- Determine What Defenses You Need to Be Prepared to Assert in Court – Once you know what evidence prosecutors have against you, then you can determine what defenses you need to be prepared to assert in court. Until you have a clear understanding of the basis for the prosecution’s case, you won’t be able to make informed decisions about your defense.
- Make Informed Decisions About Seeking a Plea Bargain or Pre-Trial Diversion – Knowing what evidence prosecutors are preparing to use against you will also allow you to make informed decisions about seeking a plea bargain or pre-trial diversion (if you are eligible). If prosecutors have a strong case and you don’t have strong grounds to challenge the prosecution’s evidence, seeking a plea bargain or pre-trial diversion could be the best option under the circumstances at hand.
When you are facing a DUI charge in New Jersey, you need to make informed decisions about how to deal with each piece of evidence prosecutors have against you. How does the evidence fit into the prosecution’s case? How important is the evidence to the prosecution’s case? Is the evidence reliable or unreliable? Did the police obtain the evidence through an unconstitutional search, seizure, or interrogation? These are just some of the numerous critical questions that will require careful consideration.
It Is Critical Not to Make Assumptions About Your New Jersey DUI Case
Regardless of the circumstances of your New Jersey DUI case, it is critical not to make any assumptions. You should not assume that you will be able to successfully challenge the prosecution’s evidence, and you should not assume that you will be able to avoid a conviction.
At the same time, you should not assume that there is nothing you can do—because this is not the case. Regardless of the circumstances of your case, you have options, and you owe it to yourself to ensure you make sound decisions.
Schedule an Initial Consultation with a New Jersey DUI Lawyer Today
Do you need to know more about your options for fighting a DUI charge in New Jersey? If so, we encourage you to contact us right away. To schedule an initial consultation with a New Jersey DUI lawyer at Helmer, Conley & Kasselman, P.A. as soon as possible, call 877-435-6371 or request an appointment online now.