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What Are the Most Common DWI Myths in New Jersey?

If you have been charged with a DWI in New Jersey, it is in your best interest to reach out to our firm today to speak with our experienced Bergen County DWI attorney. Read on to learn about the common myths associated with DWI charges in New Jersey:

What are some DWI myths in New Jersey?

1. Breathalyzer Devices Are Always Accurate and Reliable in a Court of Law

Breathalyzers, when used properly, are able to accurately catch blood alcohol concentration (BAC) levels in a person’s body, however, courts have recognized that these breath test devices may be inaccurate in the event that they are incorrectly used. If the police officer who is to conduct the test does not prepare it in conformity with state guidelines or skips an essential step in administering the test, then the results may be deemed incorrect to the defendant.

2. If My BAC Level is Below 0.08%, I Can’t Be Found Guilty of a DWI

If you are found to have a blood alcohol content (BAC) lower than the legal limit of 0.08% and are pulled over by a New Jersey law enforcement officer, you can still be charged and convicted of a DWI. This is because if the prosecution can demonstrate, through proof such as police observation, that having any alcohol or drugs in your system affected your driving ability this is good enough to receive a DWI charge.

3. If I Refuse A Breath Test, I Cannot Be Charged With DWI

If you refuse to offer breath samples upon being put in custody for driving while under the influence in New Jersey, you will probably face a charge under New Jersey’s refusal statute (N.J.S.A. 39:4-50.4a) in addition to a DWI charge under N.J.S.A. 39:4-50. According to New Jersey state law, all licensed drivers are required to submit a breath test if asked by law enforcement. The failure to do so will result in fines equal to those for a DWI conviction some of which are even more serious. Also, a driver can be charged with DWI even without test results showing their BAC level based on their driving conduct and physical behavior alone.

Do not wait to reach out to our firm today to learn more about how our skilled legal team can best help you. If you are facing the consequences of a DWI charge in New Jersey, we are on your side.


Kevin T. Conway is an experienced Bergen County criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need an aggressive criminal lawyer, contact The Law Office of Kevin T. Conway for a free consultation.

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