Do not think for a moment that a drunken driving arrest or drug DUI summons will automatically result in a conviction, fines or jail time. As New Jersey trial lawyers skilled in drunken driving defense, we must say first off that few DWI or impaired driving cases are ever completely hopeless; nor is a conviction for driving while intoxicated, breath test refusal or underage drinking and driving always inevitable. But there is one large caveat to any question regarding drunken driving defense: A motorist must be prepared to fight a DWI charge if he or she can ever hope of coming out ahead.
Time and time again, I and my staff of experienced drunk driving defense attorneys are asked by potential clients about the practical considerations when fighting against a New Jersey DWI-DUI charge. We usually answer their questions by reminding them that nothing can be gained if no effort is expended. Sadly, for many drivers accused of impaired driving, they fail to speak to a qualified DWI expert before stepping into a courtroom.
Certainly, one will never beat a DWI charge by pleading guilty when the time comes. While the local or state prosecutor will usually point out to the court a number of factors that supposedly “prove” the defendant was operating his or her vehicle while under the influence of beer, wine or hard liquor, simply having the so-called “odor of alcohol” on one’s breath or driving erratically is not always grounds for a conviction.