One of the main factors that the prosecution will need to prove in order to successfully convict you on drunk driving charges is that you were intoxicated while behind the wheel. This is not an easy point to prove.

Proving intoxication is not an easy task. With the help of an experienced drunk driving attorney, you may be able to show that there is insufficient proof of intoxication. In such a case, the DUI charges may be dismissed.

Defense to a Claim of Intoxication

Depending on the specific facts of your case, there are various defenses your DUI lawyer can use to defend the prosecution's claim of intoxication. Below are some common defenses:

-          Unreliability and Inaccuracy Factor of Test Results. If your attorney can prove that the results of your blood or urine test were inaccurate to prove the level of intoxication, the DUI charges may be dismissed based on lack of proper evidence.  Your lawyer can argue that it was  the fatigue not the intoxication. As fatigue can reflects the signs as of driving while intoxicated 

-          Invalidating Field Sobriety Test Results. Another defense to a claim of intoxication is invalidating the results of your field sobriety test. A police officer may administer a variety of different field sobriety tests at the time of a DUI arrest. The majority of these tests are only 65 percent accurate. Moreover, these tests rarely constitute sufficient evidence on their own as proof of intoxication. The tests occurring on uneven surfaces or slippery terrain, Cold temperatures, rain, or wind, Nervousness, anxiety and/or frustration are the points that can be mistaken with DUI signs.

-          Signs of Intoxication Linked to Another Condition. If your attorney can prove that the "signs" of intoxication were in fact linked to an underlying condition not resulting from alcohol, like Medical conditions such as heartburn, acid reflux, and GERD. As all these conditions can cause a falsely high BAC level, so the DUI charges may be dropped.

-          Alcohol Does NOT Mean Intoxication. If you were arrested for DUI based on the smell of a "strong odor of alcohol" on your breath, your attorney may use the defense that alcohol itself (ethanol) in fact has no odor. It is the other components  or flavoring that produces the odor we often correlate with  alcohol.

Contact an Experienced DWI Lawyer 

 If you think that you or a loved one is falsely implicated in drunk driving charges, consulting a New Jersey DWI lawyer Dan Matrafajlo can help you to successfully come out of the DUI charges.