Fighting Federal DWI in New Jersey
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With offices in Hackensack, Newark, Morristown, New Brunswick NJ
Videos on “How To Get out of DWI Charges” are listed below. Please Click Here to answer any other New Jersey DWI related questions.
Most people aren’t even aware that Federal DWI charges exist, arrested for DWI on federal property. These charges occur most commonly on Federal military bases and national parks, with national parks being the most common source of the charge.
The acceptable BAC according to federal law is 0.08% blood alcohol content. Anything above this measure will result in DWI charges.
It’s important to note that Federal DWI charges will be tried in front of a federal magistrate, and by a federal prosecutor. The penalties for these DWI charges are also very steep, including up to a $5,000 dollar fine, and lengthy drivers license suspensions (3-6 months commonly for first offenses.)
On the bright side, there are many elements of a federal DWI case that could make it easier to fight than a normal DWI case, if you retain an experienced DWI attorney.
If you are driving through a national park and asked to conduct field sobriety tests, there is a good chance that you won’t be standing on a paved road. Asking you to stand on one foot on uneven or bumpy ground, isn’t very reasonable and could stand to be challenged in court.
If you were “off-roading” at the time of your arrest, it’s difficult to ascertain a motor vehicle violation which would give an officer the right to determine your level of sobriety. It’s not as if he can accuse you of “failure to signal” when you’re driving around in the mud.
Also, these violations are typically issued by a park ranger. These government employees issue far fewer DWI or DUI summonses than a highway patrolman. As a result, they are more likely to make mistakes. Field sobriety tests must be explained and conducted in a very specific way. Breath testing also has a very specific procedure that must be followed. Deviation from this procedure could result in the elimination of essential evidence, and potentially the dismissal of your case.
These are just a few potential challenges for Federal DUI cases, for more ways to beat your case, watch the videos on “How to Beat DWI” below, or call my office for a free consultation.