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New Jersey DWI FST Defenses

You are driving home when suddenly a squad car slips behind you. Lights flash and the siren blares. You pull over, step from your vehicle, and are told by the police officer to walk a line. If you submit to and fail a field sobriety test, your New Jersey DWI lawyer will need to find reasonable doubt in its administration.

These tests do not measure blood alcohol levels. Rather, they look at coordination and dexterity. The conditions under which field sobriety tests are given generally could not be worse. It may be dark, the roadside rough and potted, and you are likely upset and frightened. Your New Jersey DWI lawyer will use all this in his questioning of the arresting officer.

When the officer takes the stand, your lawyer does not want to spend too much time on the field sobriety test. Rather, his endeavor is to ask enough questions to establish reasonable doubt, then move on. He can begin by asking the officer about the tests administered. Assuming the officer offers that after the first test he knew you were intoxicated, he will be asked why he then felt he had to give you two more tests. Ultimately, he will lead the officer into admitting that the results of the test are a matter of opinion and are therefore subjective and open to question.

Your lawyer will try to establish that the officer had already decided you were guilty. f you fail a field sobriety test, your New Jersey DWI lawyer will try to undermine the test’s validity by calling into question the fairness of its administration.