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DWI Testing in New Jersey

If your DWI case goes to trial, one of the main pieces of evidence that may be brought against you is the results of chemical or other tests you took during the stop and after you arrest, including:

  • Field Sobriety Tests
  • Breath BAC Tests
  • Blood BAC Tests
  • Urine BAC Tests

Challenging a Field Sobriety Test

Although there are several variations of field sobriety tests, there are only three that are recognized as standard: the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. These tests must be given in a very specific manner; failure to do so can compromise the results. Test results can also be skewed by factors such as wind, bright lights from the police car or passing vehicles, and even certain medical conditions.

Challenging the Chemical Test

A chemical BAC test is a test of your blood, breath, or urine to determine your blood alcohol content. There are very specific protocols that must be followed through all stages of these tests—from sample collection, transportation, and storage to the actual testing of the sample. If the officers who administered the test did not adhere to these procedures, or if they were not certified in handling the equipment used during testing, then the results may be inadmissible in court and could lead to a dismissal of the case.