Under the Influence

New Jersey DWI / DUI arrests can be prosecuted under two theories – driving while impaired, and having a blood alcohol content (BAC) of .08 percent or greater. The prosecutor does not need to prove both elements in order to get a conviction. If the judge is convinced beyond a reasonable doubt of either allegation, the driver will be convicted of New Jersey drunk driving.

The stakes are extremely high in New Jersey drinking and driving cases, so it’s critical to have a skilled attorney fighting for the driver’s rights. New Jersey DWI / DUI defense attorney Evan Levow has the knowledge and experience to effectively fight both allegations.

A driving under the influence allegation concentrates on whether the motorist was impaired from alcohol or drug use. A driver is considered under the influence if he or she is impaired to such a degree that he no longer has the ability to drive a vehicle with the caution characteristic of a sober person under the same or similar circumstances.

Driving under the influence is typically proven through circumstantial evidence that includes field sobriety test results, driving patterns, and other observations made by the arresting officer. The prosecutor also will introduce the driver’s chemical test results.

Circumstantial evidence differs from direct evidence in one key way – circumstantial evidence merely implies that something is true.

Aggressive challenges are available to all of a prosecutor’s evidence that suggests the driver was impaired. A great deal of the evidence offered to support the allegation of driving under the influence focuses on physical impairment. To see how this evidence can be effectively challenged, it’s helpful to understand how alcohol affects the human body.

Experts agree that while alcohol causes both mental and physical impairment, mental impairment always occurs first. Therefore, evidence that solely implies physical impairment isn’t proof that the driver was under the influence. If the motorist displayed physical problems, but no mental impairment, then any physical difficulties must have stemmed from a source other than alcohol. Physical impairment can be caused by many factors that have nothing to do with alcohol use.

For example, the arresting officer may be asked to testify about the accused motorist’s red and watery eyes, or inability to stand on one foot, as proof that the driver was impaired. But obviously, irritated eyes can stem from many issues unrelated to alcohol intoxication, such as allergies, fatigue, or air pollution. An inability to stand on one foot could be caused by an injury, or just poor balance.

The bottom line is that even though prosecutors present evidence of a driver’s impairment as irrefutable proof of intoxication, in reality those signs and symptoms can be attributed to many causes unrelated to alcohol use. A skilled NJ DWI / DUI drunk driving defense attorney at Levow DWI Law will take a complete medical history to determine whether the driver suffered from any conditions that could be mistaken as impairment, and incorporate that information into a strategic defense plan to create reasonable doubt in the driver’s guilt. Call us today at 877-593-1717 for a free consultation.

Client Reviews
★★★★★
This firm is arguably the best representation money can buy. Highly adept and committed, Evan makes himself available all hours of the day to provide accurate and concise answers to any questions/concerns and put your mind at ease. I was highly satisfied with the results he and his team delivered. Worth every penny. T.N.
★★★★★
I express my utmost gratitude to Evan Levow. When I met Evan, I was charged with a DUI, with a prior DUI 10 years ago. Before that case was over, I unfortunately received another DUI, and was now facing 180 days in jail. In both cases, Evan got the DUI's dismissed! Evan and his team demonstrate knowledge, expertise, professionalism, perseverance, and much more. There is a passion for justice in this firm and I witnessed that "fire" in Evan. Thank You so much. F.C.
★★★★★
You dug through the facts of my case thoroughly and found all the errors that were made by the officers. From the breathalyzer error, to the observed time error, to my condition, to my foot failing the balance test, you dug out all the facts, and I am grateful for that. I am back to my career which is a bus driver and once again thank you. D.B.