New Jersey’s Award Winning DWI / DUI Lawyers
We Defend DWI Charges Throughout New Jersey
New Jersey’s courts are notoriously tough on those arrested for drunk driving. The penalties are harsh and can have a devastating impact on your life, work, and freedom.
If you’ve been arrested for driving under the influence, you face mandatory license suspension, possible jail time, and at least $6,575 in fines and surcharges if convicted. Your insurance company will likely discover the conviction and incrementally surcharge you thousands of dollars over the next three years.
Unlike other states, New Jersey does not have a work or restricted driver’s license, regardless of how essential traveling is to you, your job, or your family.
For these and other reasons, it’s imperative that you hire an experienced attorney who is aggressive and innovative in DWI defense strategies. You’ve come to the right place.
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Can You Really Win Against A DWI Charge?
People mistakenly think that nothing can be done to defend against a DWI charge. That’s incorrect. There are many challenges that can be made to your stop, arrest, and breath, blood, or urine testing. In the vast majority of our clients’ cases, we get positive results. We leave no stone unturned in defending our clients, and we won’t stop fighting unless you tell us to.
Our trial attorneys will thoroughly assess your case and all possible defenses. We know how and where to compel the state to provide the discovery we think we need to be successful in your case. Although most of our cases resolve without a trial, we prepare our cases as if we are going to trial. Prosecutors and Judges know that we will try cases when our client does not want to accept what the State is “offering.” We believe this is why our law firm has such an excellent track record of success. We fight. We are relentless when defending our clients.
Experienced New Jersey DWI Attorneys
Your choice of DWI lawyer can have a great impact on your case. Lawyers throughout New Jersey and across the country frequently seek our firm’s advice regarding their own DWI cases. This is partly due to our work in State v. Chun, where Evan Levow represented the lead defendant, Chun, in the most important DWI case in New Jersey history.
State v. Chun challenged the reliability of the Draeger Alcotest® 7110 MKIII-C breath testing machine and set the standards for DWI defense and prosecution in New Jersey.
State v. Chun: New Jersey’s Guiding DWI Case
Evan Levow represented 6 of the 21 defendants in the Chun litigation. During the litigation, Mr. Levow sent an Alcotest machine to an engineer in New Zealand. Through experiments managed by Mr. Levow, it was established that the machine is susceptible to “RFI,” radio frequency interference. This resulted in several key concessions made by the State during the litigation. Depending on the circumstances of your case, this interference can result in suppression of your breath testing and even dismissal of your DWI charge.
Evan Levow’s cross examination of the vice-president of Draeger, the maker of the Alcotest, resulted in establishing the machine’s failure rates.
Mr. Levow’s constitutional argument before the New Jersey Supreme Court was instrumental in obtaining the computer source code for the Alcotest. This is the first time anywhere in the United States or abroad that a breath testing company was compelled to provide the source code for a breath testing machine. This resulted in a remand of the case to the lower court so that Mr. Levow, the defense team, and the experts that Mr. Levow hired could analyze the Alcotest in detail.
It was through this analysis that the Supreme Court ordered the State to fix 9 issues with the machine’s software, to make the machine scientifically reliable.
Through further litigation, Evan Levow was ultimately able to get the breath test results in Chun’s case dismissed.
The Chun litigation has been going on for more than 15 years now. Mr. Levow subsequently argued that the State of New Jersey failed to comply with the Supreme Court’s order to fix flaws in the machine’s programming. Without these necessary changes, which were ordered 11 years ago, by the Court’s own language, the Alcotest is not accurate. Instead, the Court ignored the State’s failure to comply, and once again said that this flawed machine is good enough.
That is why we are the law firm to assist you in this matter. Based on our involvement in the Chun litigation, we know the Alcotest, its significant flaws, and the best ways to have the machine’s results suppressed.
Breath Testing Qualifications
We are the only law firm in the state of New Jersey to own both the original breath testing machine, the Draeger® Breathalyzer 900, and the newer and currently-used Draeger Alcotest® 7110 MKIII-C. All of our attorneys have gone through the Draeger manufacturer training to become certified in the operation and maintenance of the Alcotest 7110 MKIII-C.
Because of our in-depth and unparalleled participation in State v. Chun, along with our ownership of the Alcotest 7110 MKIII-C and vast knowledge of how it works, we thoroughly understand the breath testing machine you were tested on, including its possible errors. Just because the Alcotest read a breath alcohol content of 0.08% or greater doesn’t mean the reading was accurate, or that the machine was properly calibrated, or that the person operating the machine was certified.
Based on these and other errors, we have a proven track record of getting breath test results thrown out.
A Peer-Respected Defense Attorney
Evan Levow was the first President and President Emeritus of the DUI Defense Lawyers Association (DUIDLA), a national DWI bar association of over 800 members.
Evan Levow is a keynote speaker on national panels and at seminars across the country, where he teaches the latest defense strategies to other DWI attorneys. Mr. Levow has taught courses on breath, blood, and urine testing, as well as field sobriety testing and DRE – Drug Recognition Evaluation. Evan is consulted by lawyers locally and across the country on all matters related to DWI defense.
Challenging Blood Tests
The process of testing blood can be seriously flawed and subject to many errors. If your blood test measured above the legal limit that doesn’t automatically mean it actually was. Mr. Levow has taught judges, prosecutors, and defense attorneys the forensic science of blood testing, including the many ways in which samples can become contaminated. At Levow DWI Law, P.C., we follow your blood from the draw to the testing and all steps in between. We’ll determine whether your blood was drawn correctly, whether the sample was stored properly, and whether appropriate testing procedures were applied.
We routinely find errors in our clients’ blood testing which allow us to get results suppressed.
Evan Levow also represented the lead defendants in State v. Kent and State v. Renshaw, the most significant recent blood testing cases in New Jersey. Mr. Levow’s work changed how the state is required to present evidence and witnesses, whereby the State is now required to produce live testimony to establish how blood was drawn, handled, and tested.
Field Sobriety Testing Qualifications
Every lawyer at Levow DWI Law has been trained and qualified in field sobriety testing by the same agency that trained the police officer who administered your road-side exercises, the National Highway Traffic Safety Administration (NHTSA).
In 2004, Evan Levow became the first attorney in New Jersey to be qualified as an instructor in field sobriety testing. In other words, Evan Levow is qualified to teach the Field Sobriety Testing Course to the police officer who administered your road-side tests. Mr. Levow became an instructor in field sobriety testing so he could understand the tests as well as or better than the police officers.
As a result of our training, we are going to know if something was done incorrectly with your field testing. This may be one way to weaken the state’s case against you.
Blood, Urine Testing, & Drug Recognition Evaluation (DRE)
Our DWI defense lawyers have advanced training in blood and urine testing, and have also been trained in Drug Recognition Evaluation (DRE).
We’ve studied with premier forensic scientists from around the world, attending comprehensive seminars in order to help us identify and evaluate blood and urine testing issues in your case. If there was an error in your chemical testing, we are going to find it and use it to defend you.
Evan Levow is representing the DUI Defense Lawyers Association as Amicus in the New Jersey challenge to DRE (Drug Recognition Evaluation) in State v. Olenowski. At the heart of the case is the reliability, or lack thereof, of DRE to accurately assess someone to be under the influence of drugs. Some police departments employ DRE to assess drug intoxication by checking a driver’s heartrate, pulse and other variables. Evan was trained in the DRE protocol in 2005. Please follow this link to stay up to date on this case: State v. Olenowski Diary.
Comprehensive & Caring New Jersey DWI Defense
There’s a good reason why so many DWI cases are referred to Levow DWI Law by lawyers across the state and throughout the country. Our clients receive personal attention, support, and a specific, well-designed defense strategy based on the unique circumstances surrounding their arrest.
We bring all of our knowledge and experience to bear when defending our clients. We pride ourselves on achieving the best results possible under the circumstances.
We understand that this case is about your life, your freedom, your family, and employment. A DWI arrest does NOT equal conviction. These cases can be won. Please call us today for a free consultation so we can begin working on your defense immediately. We want to help.
