The police pulled you over on suspicion of drunk driving. But, during your traffic stop, you refused to take the breathalyzer, and you also refused to provide a blood or urine sample. As a result, prosecutors do not have your blood alcohol concentration (BAC) to use against you in court. So, can you still get convicted? Find out from an experienced New Jersey DUI lawyer:
New Jersey Prosecutors Can Secure a DUI Conviction Without Your BAC
This is important, so we’ll get right to it: In New Jersey, you can be convicted of DUI even if prosecutors don’t have evidence of your BAC. This is due to a single word in New Jersey’s DUI statute (N.J.S.A. Section 39:4-50(a)):
“A person who operates a motor vehicle while under the influence of intoxicating liquor . . . or operates a motor vehicle with a blood alcohol concentration of 0.08 percent or more by weight of alcohol in the defendant's blood . . . shall be [guilty of DUI].”
The key word here is “or.” Under New Jersey law, you can be convicted of DUI if you are caught driving under the influence or you are caught driving with a BAC of 0.08 percent or above (or less if you are under 21 or have a commercial driver’s license (CDL)). If prosecutors have evidence that you were “under the influence,” then they do not need evidence of your BAC.
How Can Prosecutors Prove that You Were “Under the Influence?”
If prosecutors don’t have your BAC, what evidence can they use to prove that you were “under the influence”? The answer to this question depends on the facts of your case. Generally speaking, however, the types of evidence prosecutors can use to prove that a driver was under the influence include:
- Police dashboard camera or body-worn camera (BWC) footage
- The arresting officer’s testimony regarding the defendant’s erratic driving
- The arresting officer’s observations during the traffic stop
- Field sobriety test (FST) results
- The defendant’s statements to the arresting officer
When you hire a New Jersey DUI lawyer to represent you, one of your lawyer’s top priorities will be to determine what evidence is available. This will allow your lawyer to effectively advise you regarding potential defense strategies. While there are ways to challenge the admissibility and reliability of each of the types of evidence listed above, the facts of your case will ultimately determine what your lawyer can do to protect you.
How Can You Defend Against Allegations that You Were “Under the Influence?”
Let’s say you are facing a DUI charge in New Jersey, and prosecutors don’t have your BAC to use against you in court. But they do have other evidence that you were driving “under the influence.” How can you defend against your DUI charge in this scenario? Depending on the circumstances of your case, your options may include (but won’t necessarily be limited to):
1. Challenge the Sufficiency of the Prosecution’s Evidence
Regardless of whether prosecutors have your BAC, they always have the burden of proving your guilt beyond a reasonable doubt. As a result, if your New Jersey DUI lawyer can challenge the sufficiency of the prosecution’s evidence, this can be enough to avoid a conviction—even if you may have been driving under the influence. For example, if prosecutors are planning to rely on your “failure” of the FSTs, there are various ways to challenge FST results in court.
2. Challenge the Admissibility of the Prosecution’s Evidence
Another option for fighting your DUI charge in this scenario is to challenge the admissibility of the prosecution’s evidence. If prosecutors cannot present their evidence in court, they won’t be able to secure a conviction. Frequently, this involves showing that the police or prosecutors violated your constitutional rights—though there are other ways to keep evidence out of court as well.
3. Seek a Plea Bargain in Your DUI Case
If prosecutors have the evidence they need to convict you, then your next best option may be to seek a plea bargain. As of 2024, New Jersey allows plea bargaining in DUI cases. While having your New Jersey DUI lawyer negotiate a plea bargain will not allow you to avoid penalties entirely, it will allow you to avoid many of the consequences of a DUI conviction.
Refusing to Provide a BAC Reading Can Lead to Additional Penalties
While you need to focus on finding ways to challenge the prosecution’s evidence that you were driving under the influence, if you refused to provide a BAC reading, you may also need to focus on challenging your DUI refusal. You can be charged with a DUI refusal, also known as an implied consent violation, if you illegally refused to provide a BAC reading during a DUI stop in New Jersey.
Under New Jersey’s implied consent law, all drivers must consent to a BAC test during a DUI stop—provided that the police meet certain statutory requirements. If you violate the state’s implied consent law, you can be penalized for your DUI refusal even if you have defenses to your DUI.
This is yet another reason why it is important to speak with a New Jersey DUI lawyer as soon after your arrest as possible. Regardless of the facts of your case, asserting a successful defense will not be easy. An experienced lawyer will be able to determine everything that needs to be done to protect you, and then your lawyer will be able to deal with the prosecutor’s office and the judge on your behalf.
Discuss Your Case with a New Jersey DUI Lawyer at Helmer, Conley & Kasselman, P.A.
Are you facing a DUI charge in New Jersey after refusing to provide a BAC reading? If so, we can help, but it is important that you contact us promptly. To discuss your case with an experienced New Jersey DUI lawyer at Helmer, Conley & Kasselman, P.A. as soon as possible, please call 877-435-6371 or request an appointment online today.
