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Under the Influence of Alcohol

Lacey NJ DWI Defense Attorney

Evidence beyond odor of alcohol must exist in order for the judge in Lacey Township or another municipality to find that you were driving under the influence of alcohol. It must be shown that you were intoxicated and this is established per se if you possess a blood alcohol concentration ("BAC") of .08% or more. There are multiple ways that this can be established in order to prove a per se offense for DWI. The attorneys at Law Offices of Jonathan F. Marshall are well versed in all facets of DUI defense. If you are looking for the best opportunity to negate evidence of being under the influence of alcohol (i.e. intoxicated), an attorney at our firm is well equipped to assist you. Our team of DWI lawyers have over a century of experience handling N.J.S.A. 39:4-50 cases in Ocean County and even include the former prosecutor of the majority of municipalities. Matthew Dorry former served as municipal prosecutor in Plumsted, Little Egg Harbor, Stafford, Pine Beach, Beach Haven, Eagleswood, Little Egg Harbor, Jackson, Toms River, Ocean Gate, Beachwood, Ocean Township, Berkeley, Long Beach, Point Pleasant Beach, Surf City, Tuckerton and South Toms River. For a free initial consultation with Matt or another lawyer on staff, call (732) 286-6500.

Proving That You Were Under the Influence of Alcohol in Ocean County

The effects of intoxication are well documented scientifically. Brain function, logic and motor skills all deteriorate as BAC increases. When this condition reaches the point that a motorist's physical coordination or mental faculties are deleteriously affected, he/she is said to be under the influence of alcohol. The question that follows is when does this deterioration pass into the realm of intoxication for purposes of the New Jersey DWI Law? This threshold is passed if a motorist is intoxicated per se based on a BAC at or above the legal limit of .08% or, alternatively,  based on his/her inability to pass Standardized Field Sobriety Tests. The law concludes that there has been a “substantial deterioration or diminution of the mental faculties or physical capabilities” of a defendant if either of these conditions exist.

If the state can present an admissible breath test or blood test result that reveals a BAC of .08% or more, it has satisfied its burden of proving intoxication. The same holds true if properly administered and scored psycho-physical testing (i.e. field sobriety tests) reveal that a motorist is "under the influence of alcohol." This occurs when they are unable to complete the tests without exceeding the limit of permissible "clues". If you have been accused of DWI based on either discipline, you are clearly well served in retaining an attorney who is skilled in both these areas as they will have the tools to attack these proofs.

Brick NJ DWI Attorney

Brick is consistently one of the highest yielding municipalities in Ocean County for DWI offenses. Most of those charged with violating 39:4-50 are being pursued based on an allegedly proper breath test reading above the legal limit. Whether the allegations that you were under the influence of alcohol based on a breathalyzer reading, field sobriety tests or a blood sample, you have many defenses that a savvy attorney can pursue on your behalf. The lawyers on our staff welcome the chance to serve you in this role. To discuss the circumstances of your case with a lawyer, call (732) 286-6500.

What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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