New Jersey DWI Field Sobriety Tests
DWI Defense Attorneys in Mount Olive, New Jersey
Field sobriety tests are used as probable cause for the DWI arrest in New Jersey. After the initial traffic stop, an officer will use the following to determine if probable cause exists for the arrest: (1) Observations of the driver including an odor of alcohol, bloodshot and watery eyes, slow movements, etc; (2) Any admissions of the driver to drinking prior to operating the vehicle; and (3) Field sobriety testing. When you are facing DWI charges and field sobriety tests are used, you need a DWI defense attorney who is well-versed in New Jersey DWI law and police protocol during field sobriety testing.
Travis J. Tormey is an experienced criminal defense and drunk driving (DWI) attorney who has years of experience representing clients charged with alcohol related offenses, including driving under the influence of drugs (DUI), refusal to submit to a breath test, and DWI in a school zone in Morris County. In fact, Mr. Tormey is one of a few New Jersey attorneys who is a certified Alcotest 7110 operator, the breath-testing device used throughout the state to prosecute drunk driving cases. Our firm utilizes the services of a retired NJ State trooper who is also certified in the DWI field sobriety testing. He will examine the evidence in the case (police reports, videos) to determine if the tests were conducted properly. If they were not, he will create an expert report for your defense and, if necessary, will be ready to testify at trial for a defense expert. If you have been charged with driving under the influence DWI in Morristown, Parsippany, Mount Olive, Madison, Denville, or elsewhere in Morris County, our Morris County DWI defense attorneys are available immediately to assist you. Simply contact our Morristown offices at (908) 336-5008 for a consultation free of charge.
Field Sobriety Tests in NJ DWI Cases
The three most common field sobriety tests used are:
- The Horizontal Gaze Nystagmus Test (known as the “HGN” test)
- The Walk-and-Turn Test
- The One-Leg-Stand Test
New Jersey Police are properly trained and certified in conducting these specific tests. Normally, this testing encompasses all three tests, which Police conduct and evaluate in order to determine signals or cues of potential impairment in order to establish the next level of probable cause for a DWI/DUI arrest. The National Highway Traffic and Safety Administration has determined that these tests are reliable in identifying subjects whose B.A.C.s are .10% or higher. Remember, in New Jersey the legal limit is .08% Blood Alcohol Content (BAC). Even though these tests are scientifically proven, their accuracy for a subject, however, is completely contingent upon the tests being administered in a prescribed and standardized manner. Further, the “HGN” test has not been proven scientifically reliable and as such is only used as probable cause for the arrest. The results of that test are not admissible at trial.
In New Jersey, the state uses the Alcotest 7110 breath-testing device to prosecute DWI cases which is manufactured by Draeger Safety. Travis J. Tormey attended a seminar in 2011 to obtain his Alcotest 7110 certification. The seminar was given to only about 20 lawyers in New Jersey and was conducted by the vice president of Draeger Safety. Mr. Tormey is now 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. As such, Mr. Tormey is licensed to operate the breath-testing device used in all New Jersey DWI cases and can utilize this expertise to determine the admissibility of the breath-test result in your case.
Note: The Tormey Law Firm also utilizes the services of a DWI expert, a retired New Jersey state trooper who is also a certified Alcotest operator. Additionally, he is certified in field sobriety testing, the tests used at the scene by law enforcement officers to determine if probable cause exists to arrest a driver for DWI.
Contact a Mount Olive DWI Field Sobriety Test Defense Lawyer
Our experienced DWI defense lawyers in Morristown are available immediately to assist you with your DWI case in East Hanover, Rockaway, Morris Township, Chatham, or elsewhere 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.