Common Misunderstandings About DWI Laws in New Jersey
Drunk driving arrests and charges are relatively common in New Jersey, but there is still a surprising amount of misunderstanding and misinformation about them. Below are some common myths and misunderstandings about DWIs.
Myth #1 – Breathalyzer Test Results Are Accurate
Breathalyzer tests are not always accurate. If the officer administrating it incorrectly calibrates the breathalyzer or otherwise improperly administers it, the results will be inaccurate. The machines can also themselves be defective or improperly working. If your experienced New Jersey DWI defense attorney can prove any of these elements, the test results should be deemed inadmissible in court.
Myth #2 – You Should Refuse a Breathalyzer Test
Many people think that they can avoid a DWI arrest or charge if they refuse to take a breathalyzer test. This is untrue. In fact, if you refuse to take a breathalyzer test, you may even face additional penalties, such as a suspension of your driver’s license, a surcharge, and the mandatory use of the ignition interlock device in your vehicle.
Myth #3 – You Cannot Be Found Guilty If Your BAC is Below 0.08%
You can still be charged and convicted of drunk driving even if your BAC is lower than the legal limit of 0.08% and are caught operating a vehicle on New Jersey roads. If the prosecution can successfully prove with proper evidence, such as police observation, that any trace of alcohol in your system impact your ability to drive, it would be sufficient for a DWI charge.
Myth #4 – New Jersey Has a Provisional Work License
New Jersey does not provide a provisional or limited work license for individuals arrested and convicted on drunk driving charges. If your license is suspended due to a DWI conviction, it will be absolute from the time it is suspended in court until it is reissued again by the DMV.
Myth #5 – There Is Nothing You Can Do to Fight a DWI Charge
Despite what many people think, a DWI charge is not a “Game Over” notice. The prosecution must prove their case against you beyond a reasonable doubt. Although New Jersey laws are particularly stringent, a skilled New Jersey DWI defense attorney can present valid defenses to avoid a conviction.
The bottom line is that if you are arrested on drunk driving charges, it is important that you do not wait to reach out to an attorney to protect your legal rights. The quicker you contact and hire an attorney, the quicker your attorney can work to devise a defense strategy to prevent a conviction.
Contact Us Today!
If you have been arrested for drunk driving, you should discuss your case, including any potential meritorious motions to suppress, with an experienced New Jersey DWI attorney. For more information or to schedule a free consultation with one of our skilled attorneys, please call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
