Proof of Intoxication in NJ

Challenge a DUI in Ewing NJ

Do not make the mistake of thinking that the evidence in your DWI case is insurmountable or that a conviction is inevitable. For example, breath test devices have been known to register inaccurate readings. If you or a loved one has been accused of drunk driving in the New Jersey, the most important thing you can do right now is contact an experienced DWI defense lawyer.

Hamilton DWI Defense Attorneys

Kamensky Cohen & Riechelson is a New Jersey DWI defense team that represents clients throughout Mercer County, including West Windsor, Ewing, and Hopewell Borough. Our litigators include a New Jersey Certified Trial Attorney and a “Super Lawyer” who has been recognized by his peers as one of the top lawyers in the state, so you know that we can handle ourselves in the courtroom. You can also count on us to hold the prosecutor in your case to the highest possible standards because we retain experts to review police procedures for possible errors. Call KCR now to discuss your drunk driving charges.

Field Sobriety Tests as Proof of Intoxication in Mercer County

Generally speaking, field sobriety tests are not conclusive proof that you were on drugs. However, three field sobriety tests may be used to provide the officer with probable cause for a DWI arrest: the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg-Stand test. Only two of these tests – the Walk-and-Turn test and the One-Leg-Stand test – are admissible in court as evidence of intoxication. Since no field sobriety test is 100 percent accurate, it is often possible to attack this evidence in court.

Blood Tests as Proof of Intoxication in Hopewell, NJ

Although blood tests are not always administered by NJ police officers in DWI or DUI cases, they are often relied upon by prosecutors to prove that a driver was impaired. However, prosecutors are held NJ to an extremely high standard of proof when it comes to blood test results; the results of the blood sample must be scientifically reliable. This means that the blood test must be conducted by a certified professional who is in good standing and fully qualified to perform a blood test for alcohol or drugs.

Breath Tests as Proof of Intoxication in Lawrence, NJ

The most common evidence of intoxication is a breath test reading which shows that the driver’s blood alcohol concentration (BAC) was .08 percent or higher. The two main types of breath tests use by NJ law enforcement are the Portable Breath Test (PBT) and the Alcotest 7110. However, the PBT can only be used by an officer to establish reasonable suspicion of a DWI; it is not admissible in court as proof of intoxication. This means that only the Alcotest may be used in court to establish that the driver was impaired.

An Alcotest breath test is typically administered at the police station. Although the Alcotest device is used in most DWI cases, it is far from perfect. As a result, it may be possible to challenge your breath test sample in court. Some of the best challenges to this evidence include:

  • The machine was not working properly during its overall period of operation. We will scrutinize the machine’s usage logs and maintenance history to see if the device used to collect your breath sample has a history of malfunctioning.
  • The officer who administered your breath test was not properly certified to use the Alcotest machine. We will look into the officer’s history to determine whether they were trained in the use of the device.
  • The breath test result was so close to the legal limit of .08 percent as to cast reasonable doubt about whether you were intoxicated.
  • Your breath test result is explained by a medical condition. We will thoroughly examine your medical history to determine if there are any physical issues that could have complicated the results of the breath test. For example, some breath testing devices have difficulty obtaining readings from people with respiratory illnesses or acid reflux.

Police Officer Observations as Proof of Intoxication

Keep in mind that even if you refuse to take a breath test, you can still be convicted of drunk driving. That’s because breath test results are not the only evidence that NJ prosecutors use to establish a DWI violation; prosecutors may also rely on an officer’s observations to prove intoxication. The symptoms that an officer typically looks for in DWI cases include: bloodshot eyes; flushed face; slurred speech; odor of alcohol on your breath; failure to understand simple questions or requests; fumbling with wallet; staggering; swaying on feet; leaning on car for support; and soiled clothing. It is also possible that the officer observed an open container of alcohol in your car.

Free Consultation with a Trenton DUI Attorney

The experienced DWI attorneys at Kamensky Cohen & Riechelson know what is needed to fight the evidence in your case and beat your drunk driving charges. Give us a call today to discuss your case, or fill out the online contact form to schedule a free consultation at our Pennington or Trenton offices.

Contact Kamensky Cohen & Riechelson

The experienced lawyers you can trust. We focus on success and get results. That’s why we’ve been trusted by clients for over 40 years.

Let us help you navigate your legal challenges.
Call (609) 528-2596 or (215) 337-4915 or send us an email. We're here when you need us.