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Proof of Intoxication in Morris County NJ DWI Cases

DUI Defense Attorneys in Mount Olive, New Jersey

DWI Proof of Intoxication
DWI Proof of Intoxication

If you or a loved one has been charged with an alcohol related offense in New Jersey, contact an experienced DWI defense lawyer for help. Travis J. Tormey is a criminal defense and drunk driving (DWI) attorney who has been representing clients throughout New Jersey for years charged with alcohol related offenses including underage DWIdriving under the influence of drugs and refusal in a school zone in Madison, Rockaway, and Jefferson.  In fact, Mr. Tormey is one of the few New Jersey attorneys who are certified Alcotest 7110 operators, the breath testing device used throughout the state to prosecute drunk driving cases. As a result, Mr. Tormey knows the components of the machine, how it works, and if there are any issues with the functioning of the breath testing device. This knowledge and expertise can be used to attack the reliability of the breath test result in your case. Contact our offices anytime for a free initial consultation at  866-949-6948.

Proof of Intoxication for DWI in NJ

1) Breath Test Readings: Alcotest 7110 Breath Testing Device

The most common evidence the State uses to establish proof of intoxication is a breath test reading. The breath testing device used in New Jersey is the Alcotest 7110 breath machine which is manufactured by Draeger Safety. This breath testing device uses the breath samples to determine the defendant’s blood alcohol content (BAC) for purposes of drunk driving prosecutions. Travis J. Tormey is trained on the Alcotest 7110 MKIII-C Version NJ3.11′s analytical system, components, and peripherals, as well as how to operate the instrument and perform a New Jersey specific breath test sequence. This means that Mr. Tormey is trained and certified to operate the Alcotest 7110 breath testing machine which law enforcement officers use to obtain blood alcohol content (BAC) to prosecute DWI cases in New Jersey.

2) Observation Case: Field Sobriety Tests and the Observations of the Officer

The second way that the State can prove a drunk driving charge in New Jersey is based on the physical observations of the law enforcement officer. This can include the following:

  • Bloodshot/watery eyes
  • Odor of alcohol on the defendant’s breath
  • Slurred speech
  • Slow deliberate movements
  • Any admissions to drinking

Moreover, the physical observations also typically include the defendant’s performance on field sobriety tests. Standardized Field Sobriety Tests (“SFSTs”) are approved by the National Highway Traffic Safety Administration (“NHTSA”). The three typical field sobriety tests used in most cases are the following:

  • Horizontal Gaze Nystagmus (“HGN”) Test
  • Walk and turn test
  • One leg stand test

The HGN test has not been proven scientifically reliable in New Jersey courts. The HGN test can only be used as probable cause for the arrest for DWI and is not admissible at trial. Some of the other tests include: a) Counting backwards and forwards b) Head tilt test c) Finger to nose test d) Reciting the alphabet. Even if the State does not possess admissible breath test readings based on an issue with the Alcotest machine, etc., the State can still prove a driving while intoxicated (DWI) charge based on the observations of the law enforcement officer and the defendant’s performance on these field sobriety tests.

Call a Randolph NJ DWI Lawyer for a Free Consultation

Our experienced criminal defense lawyers are available immediately to assist you with your DWI case in New Jersey. Contact our offices anytime for a free initial consultation at 866-949-6948. We are happy to talk to you about your case.

The Tormey Law Firm Video Library

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Morristown Location

55 Madison Avenue, Suite 400

Morristown, NJ 07960

Areas We Serve

All of Morris County including Boonton, Boonton Township, Butler, Chatham Borough, Chatham Township, Chester Borough, Chester Township, Denville Township, Dover, East Hanover Township, Florham Park, Hanover Township, Harding Township, Jefferson Township, Kinnelon, Lincoln Park, Long Hill Township, Madison, Mendham Borough, Mendham Township, Mine Hill Township, Mont Arlington, Montville, Morris Plains, Morris Township, Morristown, Mount Olive Township, Mountain Lakes, Netcong, Parsippany-Troy Hills Township, Pequannock Township, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury Township, Victory Gardens, Washington Township, and Wharton.