Each case would be different when it comes to having charges, fines or jail time reduced. There would always be the chance a person had been overcharged or the evidence had not been collected in a scientifically recognized manner which does happen on a consistent basis.
An attorney would be able to identify which procedures were not followed. They would then also be able to employ expert witnesses such as former state troopers, police officers and chemists who have the background and education necessary to analyze the discovery further. These experts would often be able to write a report which would be helpful in negotiating downgrades in penalties.
No Alternative Punishments Or Diversion Programs Are Available For First Time DWI Offenders
There are no alternative punishments available for DWI offenders. A sentence would have to be handed down once someone had been convicted and that could include three to twelve months of license loss which would usually be the most serious of the penalties. People sometimes ask whether they could have community service or pay more in fines, whereas those options would not be available to someone who had been convicted of a DWI.
How New Jersey Addresses Drivers With A Blood Alcohol Concentration Below 0.08
The per se limit to allow the court or the Trier of fact to perceive the person as being intoxicated, is 0.08% BAC. Although anything below that would not necessarily mean the person was innocent of driving intoxicated.
For example, the person could have a 0.05% BAC reading but be intoxicated by marijuana or some sort of prescription drug. Sometimes, people think that being below the limit would be an absolute defense to a DWI but it oftentimes is not. It could just be part of the theory of intoxication, so it would be even more important to hire an attorney for this situation, than if the person had a very high reading. The best way to fight a charge when the blood alcohol reading is less than 0.08%, is definitely by obtaining an experienced and qualified attorney.
For more information on Diversion Programs For DWI In New Jersey, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (732) 223-8480 today.