Attacking Field Sobriety Tests in a NJ DWI Case
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“Challenging The Field Sobriety Tests Defense”
Field sobriety testing is a critical factor in the majority of DUI cases in NJ. In order to actually arrest you for a DWI and hook you up to the most serious breath-testing device, the officer needs to establish reasonable suspicion that you are driving under the influence of alcohol. This is typically done by making you perform a series of silly tests on the side of the road, known as field sobriety tests. You stand on one foot, walk a straight line, and do a few other random things that give an indication of your blood alcohol content. If you fail these tests, the officer has probable cause to arrest you.
Some of the most common field sobriety tests used in DWI cases include: the horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test. All of these tests have been standardized by the National Highway Traffic Safety Administration (NHTSA), which means there are explicit instructions that must be given and there is an objective system for scoring the results. You can read the exact instructions for the horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test in the NHTSA Standardized Field Sobriety Testing Procedures.
They must instruct you properly, demonstrate the tests for you properly, and score you on a standardized scale. If you are not on a flat surface, if it’s raining or snowing, or if you have any medical issues such as back, leg, foot, or knee problems – all of these factors could contribute to you performing poorly on the tests.
Again, police officers aren’t perfect. Many times, they don’t explain the test correctly, they don’t count the times out loud correctly, and they just don’t hold true to the standardized procedure used to administer these tests. If this is the case, then the probable cause for your arrest doesn’t exist, and we may be able to challenge the arrest entirely.
In addition, if your breath testing results are found to be inadmissible in court, then they use your performance on the field sobriety tests to prove the DWI based on the observations. If we can invalidate these tests as well, we may be able to get your DWI completely dismissed.
Our DWI expert is a certified field sobriety instructor from the NJ state police. He will use his knowledge and expertise to examine the evidence in your case and challenge the results.
The following videos explain some of the other ways we succesfully win DWI trials:
Challenge the Initial Motor Vehicle Stoppage
Challenge the 20 Minute Observation Period
Challenge the Alcotest 7110 machine itself
This video is an informative overview of DWI charges: Main Video On DWI Charges
Challenge your DWI in Mount Olive Municipal Court
We are highly experienced in DWI defense. Our firm can potentially beat your charges using our advanced NJ DWI defense strategies. Call 201-556-1570 today for a free consultation with a DUI lawyer in NJ who will fight to have your charges dismissed.