Evan M. Levow

FREE NJ DWI Consultation


At Least 23 Ways to Challenge a New Jersey DWI
Free Consultation


There are a number of ways to defend against a New Jersey DWI  / DUI charge. Here is a list of some of the best DWI defense tactics put together by New Jersey DWI attorney Evan Levow.

1.  Standardized field sobriety tests are not statistically reliable indicators of intoxication. The accuracy of these tests is 68 percent at most, barely a passing school - grade, and not reliable at all for members of certain persons, including anyone 65 years or older, or people with certain medical conditions or injuries, or who are considered overweight as defined by being 50 pounds or more overweight.

2. If standardized field sobriety tests have shortcomings, non-standard field sobriety tests are like rolling the dice, as an indicator for impairment.  Touching your nose with your finger, counting backward, or saying the alphabet are not considered valid sobriety tests by either medical science or the federal government (NHTSA).

3. If you were pulled over for no apparent reason and then charged with DWI, you may have grounds for a challenge. An officer in New Jersey must have a valid reason to believe that a violation of the motor vehicle code has taken place or must show that the vehicle was being driven improperly before he can pull you over. You cannot be legally stopped for simply walking out of a bar and getting behind the wheel, for example. This is considered a violation of your rights.

4. Videos and dispatch tapes may provide fertile ground for challenging a DWI arrest. New Jersey state troopers and most other police officers have cameras in their patrol cars, and videos from testing and booking rooms that can provide material for your New Jersey DWI defense. At the very least, dispatch tapes have an audible recording of most vehicle stops. Videos and transcripts could show bias on the part of the officer by showing that the driver was steady on his or her feet, that his or her speech was clear and coherent, or that his or her attitude was not uncooperative or belligerent. An experienced NJ DWI attorney could use such footage to prove that an officer’s testimony may not be support his/her assessment of your intoxication. 

5. If the breath-test operator does not have a valid operator’s license as required in New Jersey, the breath test is not admissible in court.   Sometimes operators do not renew their certificates in a timely fashion. 

6. If the breath-test operator has an expired operator’s license, the breath test is not admissible in court. Operators’ licenses must be renewed every three years.

7. If the breath testing machine malfunctioned during your breath test or was repaired after your test, the results may be inaccurate. The burden rests with the prosecuting attorney to show that proper procedures were followed concerning the machine.  If they were not, your test results may be considered invalid and excluded from evidence.

8. A breath testing machine is meant to take precise measurements when operated correctly and according to specific protocol. If machine protocol is not followed during operation, the readings could be wrong and the test invalid.

9. Certain medical conditions, such as those affecting legs, arms, back or neck, and eyes, can affect your performance on the field sobriety tests.  Other conditions such as asthma and acid reflux can affect your breath test results.   

10. Weather reports showing that bad weather conditions existed when you were arrested for your New Jersey DWI could be used to challenge the arrest. For example, conditions such as low visibility or high winds could counter or explain both poor driving while on the road and poor balance on field sobriety tests.

11. A police officer’s record and prior statements can be used to challenge a New Jersey DWI case. If there is any record of misrepresentation, or of violating a driver’s rights, this can be used to challenge the officer’s credibility. Prior testimony about administering field sobriety tests can be used if the officer’s information differs from trial to trial.

12. In accordance with New Jersey law, if you are not kept under observation by the police for at least 20 minutes before submitting to the breath test, test results could be excluded as evidence.

13. By using independent witnesses, such as hospital personnel or bartenders, as well as witnesses to any accidents that occurred, crucial evidence can be gained regarding a defendant’s sobriety.

14. Similar to the required Miranda rights, so must a person be read the New Jersey Implied Consent Law before submitting to a breath test. Failure on the officer‘s part to read the form or to read it correctly could result in a dismissal of the case.

15. There are many errors that can occur when being tested on the Alcotest 7110 MK111-C breath testing machine.  These errors include inputting incorrect arrest information, wrong machine settings, having the machine not notice or recognize testing errors, and timing errors during testing.

16. Various substances and chemicals can cause false breath-test results. Just a few of these items include fingernail polish, cough drops, or asthma spray, all of which contain some form of alcohol. In addition, paints or chemicals that you may work with could cause erroneously positive results on a breath test.

17. If the state does not resolve your drunk-driving case within a reasonable time period from your arrest date, your case could be dismissed in accordance with New Jersey guidelines for speedy resolution.

18. Using expert witnesses to review the validity of tests involved in a DWI case is crucial to being able to find all flaws in the test results. Expert witnesses exist for breath tests, blood tests, and field tests for sobriety.
19. Blood tests in a NJ DWI case have to follow very specific prescribed rules for both the testing and the handling of the blood, which could result in dismissal of the case if the blood was obtained or processed without following all of the rules. Sometimes both police blood testing and medical centers fail to follow the proper protocol. Prep swabs that are non-alcoholic can still have traces of alcohol, which in turn could skew the test results. Hospital tests can be even more unreliable for both healthy and severely injured patients. Lactate ringers used during treatment can result in falsely elevated blood serum results, which in turn can result in exclusion of the blood results.

20. The prosecutor on a DWI case is required to provide complete disclosure of all necessary evidence. If that does not happen, a motion to compel evidence is filed. If complete discovery still does not happen by the deadline set by the judge, it could lead to the charges being dismissed altogether.

21. Drug Recognition Evaluation (DRE) protocol goes beyond breath, blood, or urine testing and requires additional physical tests at the police station, as well as checking blood pressure and temperature. However, DRE has not been proven to be a reliable indicator of impairment by drugs.

22. Being forced to give either blood or urine or both can cause the results to be excluded as evidence. By law, you can choose to refuse to provide blood or urine samples to determine intoxication.

23. Being charged with refusal to comply applies to refusing a breath test only, in New Jersey. If you are charged with refusal to provide blood or urine, that charge must be dismissed.

If you have been charged with DWI, contact our experienced New Jersey DWI attorneys today for a free consultation.

Home | Recent Cases | NJ DWI FAQS | Attorney Profile | BAC Calculator

Copyright © 2001-2014 BLS Drunk Driving
Site Design by Ecombuffet.com

New Jersey DWI Practice Area


There are a number of ways to defend against a New Jersey DWI/DUI charge.

Evan Levow Challenges Alcotest Before the NJ Supreme Court

Ten Mistakes
Common Mistakes You DON'T Want to Make After Your New Jersey DWI Arrest.

Case Tips
55 Valuable Tips Crucial to Your Defense!

Police Mistakes Can Help You


   Defending a DWI Case in New Jersey

   Frequently Asked Questions in New
   Jersey DWI Cases

   State vs. Chun: The Biggest Case in
   New Jersey DWI History

   Technical and Scientific Defenses
   in an Alcotest Case

Evan Levow in the News

What Your NJ DWI May Cost

Possible Consequences of a New Jersey DWI

Save Your License!

What Happens After A NJ DWI Arrest?

Lawyer Mistakes
The Top 9 Mistakes Lawyers Can Make in Drunk Driving Cases. . . And How To Avoid Them.

New Jersey DWI Law: N.J.S.A 39:4-50 Driving While Intoxicated
On January 22, 2004, the new 0.08% law was passed in New Jersey. For third offenders, the penalty was changed to include mandatory jail time.

DWI Refusals in New Jersey
On April 26, 2004, the refusal law was changed to conform with the DWI law.

Change in DWI Plea Agreements in Municipal Court

Field Sobriety Testing in New Jersey

Understanding Breath Testing in New Jersey

The New Breath Testing Machine in New Jersey

Were You Tested on the Alcotest 7110 or the Breathalyzer 900/900A?

State v. Chun

   State v. Chun New Jersey Supreme
   Court Opinion - March 17, 2008

   Chun Source Code Hearing Report of
   the Special Master - November 14, 2007

   State v. Chun Litigation Documents

   State v. Chun - Alcotest Litigation

   State v. Chun - Master's Report

   State v. Chun Alcotest Source Code
   Reports & Summary

   Chun Defense Brief

   Chun Defense Source Code Reliability

Alcotest News

Was Your Blood Tested?

Charged With A NJ DWI/DUI based on Drugs?

New Jersey CDL Drivers

New Jersey CDL Chart

Underage Drinking and Driving in New Jersey

Recent Cases

Boating Under the Influence

How Will Prior Convictions for DWI Effect My Current DWI Charge?

Out of State Drivers arrested in New Jersey for DWI

Pennsylvania Drivers Arrested in New Jersey

Is DWI a Criminal Charge in New Jersey?

Work License in New Jersey?

If You Are In an Accident Resulting in a DWI Charge

Roadblocks-Sobriety Checkpoints in New Jersey
You may have been wrongfully arrested if you were stopped at a roadblock.

Attorney General Guideline: Prosecution Of DWI & Refusal Violations

New Jersey Intoxicated Driver Resource Center Program (IDRC)

New Jersey Ignition Interlock Program

New Jersey Motor Vehicle Commission Surcharges

Visual Driving Cues of Drunk Drivers

New Jersey DMV Court Codes
Interpret Your Driver's Abstract

How I Can Help Even After Your NJ DWI Conviction
Appeal & Post Conviction Relief

New Jersey DWI Courts

Free NJ Auto Insurance Quotes
Low Cost NJ Auto insurance is available even with a DWI or moving violation.

Driving While on Cell Phone Worse Than Driving While Drunk

FAA Issues Final Ruling On Alcohol, Drug Use

Nicotine & Alcohol

External Links



Site Map

PHONE: 877-735-2288 - CELL: 856-889-5181 - LOCAL: 856-428-5055 - FAX: 856-429-7726 - E-MAIL US