Common DWI defenses in New Jersey – Jonathan F. Marshall

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When prosecuting DWI cases, one of the first things prosecutors focus on is your driving pattern. In most cases, the arresting officer submits a statement that the defendant was "driving in a manner consistent with someone who was under the influence of alcohol or drugs." This bad driving usually includes allegations that the defendant was driving above the speed limit or that the person was not keeping lane. An experienced DWI lawyer may be to refute this evidence by having the officer testify about all the other ways in which the defendant was driving safely and correctly. A DWI lawyer can obtain testimony from the arresting officer that most traffic violations are committed by sober people, and that speeding and a variety of other violations that the police frequently use as the reason for the DUI stop are not officially recognized as evidence of drunk driving.

Your physical appearance plays an important role in your drunk driving investigation. The officer who arrested you for DWI will likely testify that you were under the influence of drugs of alcohol because you exhibited one or some of the following symptoms:

  • Bloodshot eyes
  • Slurred speech
  • Flushed face
  • A strong smell of alcohol on your breath or person
  • Unsteady gait

A skilled DWI attorney is able to provide reasonable explanations that these were caused by something other than intoxication.

Sobriety tests always have the goal of concluding that the defendant is guilty of drunk driving. The arresting officer will testify that the defendant was driving poorly or that you failed the field sobriety tests. A DWI lawyer can explain that nerves, and a variety of other factors, play a large role in these balance and coordination tests. An attorney can also compel the police officer to admit the fact that the number of things the defendant did well outweighs the things the defendant did wrong. If you have been charged with drunk driving find a list of DWI lawyers in NJ here.

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