If you are arrested because a police officer believes you have been drinking and driving, they will try to gather evidence to convict you of the offense of driving while intoxicated (DWI). Often, this is done through chemical testing, which can include breathalyzer tests, blood tests, or urine tests. One way to defend against DWI charges is to challenge the results of a chemical test and this defense particularly applies to urine testing.
While any type of chemical test can be inaccurate, up to 20 percent of urine test results may be false positives, according to the National Institute of Drug Abuse. Alcohol is more highly concentrated in urine than in blood or breath, so the results of a test can be inflated. In addition, there are many ways for labs to mishandle or improperly store urine samples that can result in testing positive for alcohol when little to no alcohol was present at the time of testing.
If you were subjected to any kind of chemical test and the results demonstrated that you were over the legal limit of 0.08 percent blood alcohol content (BAC), it is especially important to contact an attorney who has experience in challenging the results of chemical tests. Challenging a chemical test can be technical and can require investigation into how the test was conducted and how the lab processed your sample. Without a successful challenge, the court can find that a test showing more than 0.08 percent BAC means that you can be found guilty of DWI without additional proof.
Too many people believe that chemical test results showing they were over the legal limit will automatically mean a conviction and they believe it is futile to even talk to a lawyer. This is simply not the case. There are many ways to defend against New Jersey DWI and DUI charges and it is always worth it to discuss your options with an attorney. Some additional defenses include:
- Evidence obtained in violation of your legal rights
- Improper traffic stop
- Insufficient evidence to prove you were impaired
- Alternative justification for the appearance of intoxication
Call 732-662-7658 today for a free consultation.
At the Law Offices of Leon Matchin, we will evaluate your case and determine every possible way to defend against your DWI charges. We have represented many people in cases involving drunk driving allegations and chemical tests, so please contact our office to learn more about how we can help you.