If you’re facing a DUI conviction, then you don’t have the time or resources to mess around. After all, you could face jail time and hefty fines. So, maybe you went into the case without legal representation because you thought it wouldn’t be a big deal. However, now you face serious charges and feel like the rug was ripped out from under you. Well, there’s still hope! Here’s what Mark Catanzaro, a DUI lawyer, can do for you if you have a DUI conviction.
Two Types of DUI Conviction
To begin, it’s important to know how the State obtains a conviction.
First, if you have a blood alcohol content of 0.08% or greater, and the State can establish this, then your perceived ability to operate a vehicle is irrelevant. The amount of alcohol alone stands sufficient to convict you.
Ability to Operate
Second, you can be convicted of driving under the influence of alcohol if the alcohol impairs your ability to operate the vehicle. This looks far more subjective and many factors come into play. A court will look generally to what you did while operating the vehicle. For example, failing to maintain your lane, falling asleep at a traffic light, and other violations. The court will also look at what occurred after the stop. For instance, your ability to speak, handle documents requested, exit from the vehicle, balance tests, and other observations. Therefore, if a court believes you were impaired, you will be convicted even without an alcohol content reading.
How They Get You
To continue, the court proves a DUI by degree of impairment. Was the drug impairing someone’s ability to operate the vehicle? Basically, no quantity of drugs, in and of itself, is sufficient to convict. In fact, in New Jersey, the State Police Laboratory does not even determine a reading. They simply determine whether or not someone had a substance in their system. In addition, they bring forth “experts” called “Drug Recognition Experts” that claim to have training to determine if the person was under the influence. Yet, there remains little science to support it.
Furthermore, there’s also something called “implied consent.” By obtaining a license, you consent to a breathalyzer test to determine your blood alcohol content. If you refuse to take the test, the penalties stay generally the same as if you were convicted of driving under the influence.
Don’t Face a DUI Conviction Alone!
You can clearly see how knowing this information can help you. That’s why it’s important to have a knowledgeable and experienced attorney by your side. An experienced lawyer who knows the ins and outs of the law can get you acquitted, or at least a reduced sentence. That’s exactly what Mark Catanzaro can provide, so don’t delay! Contact his offices today.