Montclair NJ DWI Defense Lawyer
“Driving under the influence” is a term that is often used, but seldom understood. For example, driving while intoxicated (DWI) and driving under the influence of drugs (DUI) are two distinct offenses, which require different forms of evidence in order to be effectively proven in court. However, both DWI and DUI are classified as motor vehicle violations, which may result in penalties that significantly impede your ability to conduct your daily life. With repercussions including a period of driver’s license suspension ranging from 3 months to up to 10 years, crippling fines, as well as the potential for jail time, these charges must be addressed immediately and with the utmost attention to detail. For example, identifying errors in police procedure or constitutional rights violations may lead to these cases being thrown out entirely. An attorney with the knowledge and experience to evaluate, pinpoint, and effectively illustrate holes in the State’s case can save you the time, inconvenience, and damaging collateral consequences of a conviction.
Attorney Roy W. Breslow prosecuted numerous DWI and DUI cases during his time as a Prosecutor. Having participated in this process on behalf of the State has informed his breadth of knowledge in this area of the law. He now utilizes this coveted insight to formulate highly effective defense strategies to serve his clients. To discuss the circumstances of your case with Mr. Breslow free of charge, contact his Essex County offices.
DWI Charges in Verona or Essex County NJ?
To learn more about specific violations subsumed under the legal category of “driving under the influence,” view the following pages:
How Can I Win a DUI Case in New Jersey?
As mentioned previously, there are different forms of evidentiary support used to construct a DWI vs. DUI case in New Jersey. For example, in the vast majority of DWI cases, the Alcotest 7110 breath-testing device is used to assess and validate the defendant’s level of intoxication. If the test is administered in accordance with required protocol and the reading exceeds the legal limit of .08% Blood Alcohol Content (BAC), then the prosecution can submit this as evidence that the defendant was intoxicated at the time of the arrest. However, identifying errors in police procedure while administering the breath test or recognizing discrepancies in the reading itself can provide grounds to challenge the admissibility of the BAC reading in court and ultimately, lead to the dismissal of the charges.
On the other hand, in a DUI case, the State employs very different tactics while attempting to support its case. Generally, a law enforcement officer known as a Drug Recognition Expert (“DRE”), will be tasked with detecting the presence of drugs in a defendant’s system. After an arrest, the DRE will conduct a battery of tests which are then used to generate a report with his or her findings. Although these individuals are trained to identify signs of being under the influence, they are people and thus, may make mistakes. Challenging a DRE expert in court during cross-examination can be highly effective toward undermining the State’s case.
Another strategy used to prove a DUI case is a urine analysis. However, these tests are by no means definitive, as drugs like marijuana can remain in a defendant’s system for up to 30 days after the initial ingestion. This makes it extremely difficult for the State to prove that the driver was, in fact, under the influence of drugs at the time that he or she was operating the vehicle.
Understanding the nuances of DUI cases is essential when formulating an effective defense strategy. Mr. Breslow’s prior work prosecuting these cases has provided him with the necessary tools to beat them. Contact him today to learn more about how he can help you.