Failing roadside tests or blowing over the limit on the Breathalyzer can seem very daunting, especially if law enforcement arrests you and hauls you away. You may think that this is the end of your story and there is no hope, but an experienced Woodbridge criminal defense lawyer can challenge the validity or admissibility of this evidence. Casting doubt on the basis for your DUI charge can result in dismissal of charges, acquittal at trial or mitigated penalties.
At Palmisano & Goodman, P.A., we provide a true defense for DUI/DWI charges and related offenses. We know how to challenge the prosecution's tactics because our lead attorney worked several years as an assistant prosecutor in Union County. Based in Woodbridge, we fight drunk driving charges in the municipal courts of Middlesex County and surrounding New Jersey.
If you were asked to recite the alphabet backward or perform other roadside tests, those can be challenged as the basis for arrest. Even if the arresting officer used the official field sobriety tests, we challenge whether they were administered and interpreted correctly.
There are legitimate defenses to "failing" these tests, such as:
The portable breath test machine used at a roadside stop is not proof of driving under the influence. It is only used to decide whether to place the person under arrest for suspicion of DUI. The only admissible evidence of blood alcohol concentration (BAC) is the actual Alcotest machine used at the police station. We challenge the traffic stop and everything leading up to arrest. We also challenge the Alcotest ("Breathalyzer") reading, such as whether it was properly calibrated, whether the officer was properly trained, and whether there were other mitigating factors.
We can offer you a free consultation with an experienced Woodbridge DUI defense lawyer. Set up your appointment by contacting us at (732) 709-4400.