The first issue in a DWI case is whether or not the police had probable cause for the initial stop. After examining the validity of the initial stop, the next issue becomes whether or not the police had reasonable suspicion to believe the driver was under the influence of alcohol and therefore had grounds to conduct field sobriety tests. New Jersey Police are properly trained and certified in conducting these specific tests. Normally, this testing encompasses three different 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 three most commonly used standardized field sobriety tests are the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg-stand test. 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.
The attorneys on my criminal trial team are certified in Standardized Field Sobriety Testing (SFST). In fact, several of the attorneys on our drunk driving defense team are certified instructors in field sobriety testing. This means that our attorneys are certified and licensed to teach the classes that law enforcement officers take when learning how to properly conduct field sobriety tests. This expertise allows our attorneys to examine the field sobriety tests in your case and determine any issues the State may have in proving the DWI beyond a reasonable doubt.
In the state of New Jersey only about forty (40) attorneys are properly certified in field sobriety testing and five of those attorneys are a part of my team. Our attorneys undertook formal training, consisting of intensive classroom study and a final written exam before being properly certified by the National Highway and Safety Administration. Additional training and experience in these critical areas allows our attorneys to help identify any potential errors the Police may have made when administering these tests. This experience and expertise allows us to develop and implement a comprehensive defense strategy to combat your DWI charges.