Keep in mind that being charges with a DUI is not a guaranteed conviction; there are defenses and you are innocent until proven guilty in court. Joseph Eustace, and experienced DUI attorney in New Jersey, will be able to examine the particulars of your case and use his knowledge to present the best defense possible in your situation; there are a wide range of factors that need to be considered.

Because, according to New Jersey Law, a blood alcohol reading of .08% or higher is enough to result in a conviction, most defenses focus on the accuracy and validity of the reading. This may involve showing that the machine did not function properly or was not operated by a qualified technician. Situations like this could be grounds for dismissing the reading.

It would be foolish to assume that the reading provided by a breathalyzer is always accurate. For example, courts have ruled that readings from breathalyzers may have an error range of plus .015%. This is a possible defense area that an attorney could examine and which may prove helpful in defending a client.

If the results of a breathalyzer are dismissed, the prosecutor may attempt to convict you on observational evidence; that is, they may allege that you drove erratically, physically appeared intoxicated, and/or performed poorly in Field Sobriety Tests (FST). As with the breathalyzer, however, this evidence is only admissible when it has been administered properly and by a qualified individual. An experienced attorney, well-versed in DUI Detection and FST, will be able to provide a strong defense through a thorough examination of the evidence and/or a cross-examination of the police officer(s) present on the scene.

Other factors that at attorney may consider in your defense involve the reason for which you were pulled over, the procedure the officer followed or failed to follow, whether the Miranda rights were read, etc.