Field Sobriety Tests in DWI Cases in New Jersey
Palisades Interstate Park DWI Defense Attorneys
The attorneys at Hackensack’s Tormey Law Firm have been representing clients charged with alcohol-related offenses throughout New Jersey for years. With extensive experience combating charges including refusal to submit to a breath test in a school zone, driving under the influence of drugs,and DWI in a school zone in towns including Fort Lee, Elmwood Park, and East Rutherford, we have developed specifically-formulated defense strategies to defeat a host of driving under the influence offenses.
Travis J. Tormey, the firm’s founding partner, 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. As such, Mr. Tormey understands the components of the machine, how it works, and can identify 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 and may ultimately lead to the dismissal of your charges. With offices conveniently located in Hackensack, in the heart of Bergen County, Mr. Tormey and his team of knowledgeable trial lawyers are available immediately to assist you at (201)-330-4979. The initial consultation is always provided free of charge. Also, check out Mr. Tormey’s in-depth video series about DWI charges in New Jersey on YouTube.
Field Sobriety Tests in NJ DWI Prosecutions
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:
- Observations of the driver including an odor of alcohol, bloodshot and watery eyes, slow movements, etc.
- Any admissions of the driver to drinking prior to operating the vehicle
- Field sobriety testing
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 (3) 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.
Alcotest 7110 Certified DWI Defense Lawyer
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.
Call the Tormey Law Firm in Bergen County, NJ for a Free Consultation
For additional information about your DWI charges in New Jersey, contact the offices of The Tormey Law Firm anytime at (201)-330-4979, or use our online contact form. Our Hackensack office is conveniently located in the heart of Bergen County, just steps from the Hackensack Municipal Court and Bergen County Superior Court. One of our drunk-driving defense attorneys will be happy to discuss your case over the phone or to schedule an appointment to meet with you in person.