Proof of Intoxication in New Jersey DWI Cases

Drunk Driving Defense Attorneys with Offices in Hackensack, NJ

Help Arrested DWI New Jersey Best Defense
Arrested for DWI Bergen County NJ

The attorneys at The Tormey Law Firm, with offices in Hackensack, New Jersey have been representing clients charged with alcohol-related offenses across the state for years. With extensive experience combating charges such as underage DWI, driving under the influence of drugs, and refusal to submit to a breath test in a school zone in courts such as East Rutherford, Saddle Brook, and Ridgefield Park, we have developed specifically-formulated defense strategies to address a host of driving under the influence offenses. For additional information about some of these strategies, view our DWI informational series on YouTube.

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. To read just a few of our many DWI case wins, view our success stories page.

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.

Elements of a DWI Case in New Jersey: Proof of Intoxication

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 as of 2012. 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.

Contact our Saddle Brook NJ DWI Defense Lawyers 

As you can see, an experienced DWI attorney can isolate issues to attack the State’s drunk driving prosecution and produce results. Contact the law offices of The Tormey Law Firm in Hackensack, New Jersey for an immediate free consultation about your New Jersey DUI.


If you’ve been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.