Attorney At Law Steven A. Garner
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When the results of a breath test aren't enough to prove sobriety

Being involved in a routine traffic stop can be stressful enough on its own, even if you are only pulled over for a burnt-out tag or tail light. However, if a similar incident leaves you facing accusations of driving while impaired, you may have concerns about how the process could impact your life.

Having to undergo field sobriety tests can be embarrassing, and if you have general difficulty with balance, you may have trouble completing the required tasks under any circumstance. You might feel as though passing a breath test will prove that you are sober, but this might not always be the case.

Passing a breath test might not always prove sobriety

Finding out that the results of a breath test might not be enough to clear you of wrongdoing can be an intimidating experience. Some of the scenarios in which you may still face drunk driving charges under similar circumstances may include:

  • Testimony of behavior: Even if you pass a breath test, an officer may still claim that you were exhibiting signs of intoxication prior to your arrest, and this testimony could influence the outcome of your case.
  • Additional evidence: During the stop, you might find it advisable to take care with what you say, and even if you only admit to having one drink prior to driving, your statement could be used as evidence.
  • Additional tests: Even after passing a breathalyzer, the officer may request that you undergo additional tests, such as a blood draw. While you retain the right to refuse these tests, doing so could be viewed as an admission of guilt.
  • Device maintenance: Breathalyzer units require constant upkeep and maintenance, and although you may pass a breath test, if the device is deemed faulty, the results of your test might not matter.

With a variety of factors that can influence your case, you could be uncertain how to go about forming a strong defense for use during legal proceedings. Fortunately, you don't have to go through this alone.

Seeking help

With the potential weight of a conviction for driving under the influence looming overhead, you could be feeling somewhat intimidated by the process. Since the criminal justice system can be complex, it might be in your best interests to seek guidance from someone with extensive knowledge of New Jersey state drunk driving laws. By obtaining advice early on, you could become better prepared to make informed decisions and pursue a favorable outcome during legal proceedings.

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