In the first, there is an Alcotest or blood test reading that shows your blood alcohol level was above .08%, coupled with weaving, speeding, or even a car accident.
Under the law, any reading of .08% or higher is presumed as evidence of intoxication.
In the second, you may have had a drink or two with dinner, and when tested your sample was below .08%, but the police insist that you exhibited signs of intoxication.
As you note, there are many causes for behavior that may “look” like intoxication to police who want to see it.
It is possible to convict in this scenario, but it’s much harder for prosecutors, and much easier for your defense attorney to provide evidence that can result in acquittal or even having your charges dropped.
Your first step is to work with an experienced New Jersey DWI attorney. Matthew Reisig has fought DWI charges across New Jersey, and helped more than 1,000 New Jersey drivers avoid conviction.
Call 732-625-9660 today for a free consultation with an experienced New Jersey DWI lawyer.