Proof of Intoxication for DWI in New Jersey
DUI Defense Attorneys in Mount Olive, New Jersey
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 DWI, driving under the influence of drugs and refusal in a school zone in Madison, Rockaway, Morristown, Parsippany, 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 in Morristown anytime for a free initial consultation at 866-949-6948.
Proof of Intoxication in New Jersey DWI Cases
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.