New Jersey DWI Lawyer Blog

With the holidays fast upon us there is a more than better chance that someone you know may be stopped by state police or local law enforcement for some type of traffic violation. Of those Garden State motorists stopped by police for offenses such as speeding, improper lane change, or an number of so-called minor traffic infractions, there is always a chance that the driver may be accused of operating a motor vehicle while under the influence of alcohol.

Being impaired by beer, wine, hard liquor or prescription medication (drug DUI) is cause for a patrolman to arrest a driver for driving while intoxicated. A DWI or DUI arrest can also lead to extensive fines and other penalties, even for a first-time offender. It's not unusual an individual convicted for multiple offenses to also face jail time, depending on the circumstances. As New Jersey drunken driving defense lawyers, I and my staff of legal professionals have the skills and experience in representing drivers accused of DWI and drug DUI (including cases where illicit drugs -- also known as controlled dangerous substances, or CDS -- such as marijuana and cocaine are involved).

Anyone who is arrested for driving under the influence faces similar charges and, likewise, similar penalties, the individual circumstances will vary accordingly. The following is a short list of recent arrests by police officers in Bergen County, though DWI and drug DUI arrest happen every day in other counties across the state, such as Monmouth, Union, Passaic and Essex. Here are some examples:

Ridgewood, NJ
Late on a Monday evening, a local patrolman stopped a vehicle driving along a stretch of N. Maple Ave. The officer apparently stopped the motorist because of visible front-end damage and a report of a hit-and-run accident in the Ho-Ho-Kus area. As a result of the traffic stop, the policeman determined that the driver was in fact involved in said traffic accident. On further investigation, the police officer also determined that the 30-year-old out-of-state driver behind the wheel was impaired due to alcohol consumption. The man was taken into custody and charged with drunk driving, marijuana (CDS) possession and drug paraphernalia possession, open alcoholic beverage container in a motor vehicle. In addition to DWI, the driver was also charged with careless and unsafe driving. He was released pending a court appearance.

Continue reading "Bergen County Police Blotter: Ridgewood, Ramsey and Park Ridge DWI Arrests, Drug DUI Charges" »

According to police agencies across the state, the Thanksgiving holiday has become one of the more common times of the year for New Jersey drivers to be arrested for drunken driving. Not only do local police departments expect increases in arrests for driving under the influence of alcohol, but also for charges of operating a motor vehicle while impaired by prescription medications (drug DUI) and illegal drugs, such as cocaine and marijuana.

The New Jersey State Police have already identified the Thanks giving holiday and subsequent weekend as a prime DWI-DUI enforcement period in areas such as Passaic, Ocean and Sussex County. This should come as little surprise to those who make a living driving or who commute on a regular basis in the evenings and early mornings here in the Garden State.

As New Jersey DWI defense attorneys, I and my staff of experienced drunk driving lawyers understand how easily an individual can be caught up in a DWI arrest. While those who experience a drunk driving or DUI arrest may find the process somewhat unnerving, the real shock can be the actual conviction. Even for a first-time offender the potential penalties and fines, as well as possible jail time after being convicted should be enough to consider proper representation.

According to news articles, Monmouth County's DWI task force began ramping up their enforcement effort this past Wednesday (Thanksgiving Eve) with roving DWI patrols and drunken driving checkpoints (also known as sobriety roadblocks). Based on news reports, from Wednesday night through the entire Thanksgiving weekend, police presence throughout the county will be quite strong.

Wednesday saw an increase on saturation patrols throughout Ocean Twp and Brielle - where local police officers were patrolling the roadways looking for drivers who exhibit signs of impaired driving. As is already known, police cannot stop a vehicle simply on the assumption that the driver is operating his or her vehicle while under the influence of beer or wine, hard liquor or drugs. Instead, the officer must observe a traffic violation in order to pull a driver to the side of the road, after which any evidence of DWI or DUI may be grounds for an arrest.

In Monmouth County, a sobriety checkpoint was scheduled to be in operation from the later evening on Wednesday until early Thursday morning along a stretch of Rte 9 in Howell, NJ. Tonight, from 11pm until 3am tomorrow morning, a second DWI roadblock is scheduled to be in operation in Middletown along the northbound lanes of Rte 35 at Coopers Bridge (using the parking lot of the Hudson City Savings Bank to carry out sobriety tests).

Drivers flagged into these areas should be ready for questioning by officers who will be looking for signs of intoxication or other kinds of impairment. Should a patrolman suspect that a motorist is inebriated, drunk or under the influence of some kind of drug, that individual will likely be asked to exit the vehicle in order to perform one or more standardized field sobriety tests. Failing one or more of these tests may be sufficient for the officer in charge to arrest the driver and take him or her into custody.

Needless to say, once an arrest has been made, police will usually take the suspect to headquarters for a breathalyzer test to determine blood-alcohol content (BAC). Readings from an Alcotest device or other evidence collected at the checkpoint may be used by the local prosecutor's office to prove that the driver was legally drunk when operating their vehicle.

Monmouth DWI task force plans checkpoints throughout holiday weekend, APP.com, November 23, 2011

As a former municipal prosecutor, I know that it is sometimes difficult for the prosecution to prove that a motorist was legally drunk at the time of a DWI, drug DWI or DUI arrest. Much of the state's case against a driver accused of driving under the influence relies on supporting evidence collected at the time of the drunken driving stop. During this process, the suspect may be asked to exit the vehicle, execute several of the standardized field sobriety tests and eventually might be taken into custody to have his or her blood-alcohol content (BAC) level tested at police headquarters.

In instances where a driver has been arrested for DWI, the prosecutor's office will want to have what is referred to as "proof of intoxication." As New Jersey drunk driving defense attorneys, I my staff of experienced DWI lawyers remind those motorists charged with driving under the influence of alcohol that they should never assume that the prosecutor's case is a strong one.

There are a number of important considerations to take into account following a traffic stop that has resulted in charges of drunken driving being levied against oneself. This goes for alcohol-related DWI and even impaired driving charges as a result of prescription medication use or possibly because of a controlled dangerous substance (CDS) such as cocaine or marijuana.

Continue reading "New Jersey DWI Defense Update: Proving a Driver was Legally Intoxicated can be Challenging" »

Whether you live or work here in Monmouth, NJ, or in Hudson, Bergen or Atlantic County, as a New Jersey motorist you have no doubt seen or been directed into one of the frequent police checkpoints used to catch drivers who may be operating their car or truck under the influence of alcohol (beer, wine, or hard liquor), prescription medication or even illicit drugs or other controlled dangerous substances (CDS) such as marijuana or cocaine.

Each of these sobriety roadblocks, also known as DWI checkpoints, is designed to bring drivers in close contact with local, municipal and state police officers so that they can determine if a driver has been drinking alcohol or ingesting some type of substance that may cause impaired driving. Upon being identified as possibly impaired by some substance, the patrolman in charge will most likely as the driver to step out of his or her vehicle in order to perform one or more standardized field sobriety tests.

Although the number and order of the standard field sobriety tests given during a DWI traffic stop tend to vary depending on the police officer and the particular situation in which the driver may find himself, the following is list of the tests that are usually used to some extent or antoher:

-- Horizontal Gaze Nystagmus

-- Head-tilt

-- Touching a finger to one's nose

-- Balancing one leg

-- Walking heal-to-toe

-- Reciting the ABCs

-- Counting

The most common of these tests is the Horizontal Gaze Nystagmus, during which the officer attempts checks to see how smoothly an individual's eyes are tracking a finger or pen in front of his or her face. A knowledgeable attorney knows to do a thorough analysis of the testing done by the arresting officer in order to determine whether or not the field sobriety tests were administered properly.

Continue reading "Bergen County DWI Defense News: Elmwood Park, NJ, Police Catch 18 Drunk Drivers" »

Here in the Garden State, a motorist can be pulled over for any number of traffic violations including excessive speed, failure to maintain one's lane, improper use of turn signal and even defective vehicle equipment, such as a broken taillight or burned-out headlamp. It's not that these are unusual violations, but each of them, and many others, may open the door to other potentially more serious impaired driving charges.

Whether at happens in Bergen, Essex, Ocean or Passaic County, once a patrolman has stopped a driver for one or more of the aforementioned violations, if that officer has reason to suspect that the driver of that vehicle may be drunk or otherwise intoxicated due to the consumption of beer, wine or hard liquor, there is a good chance that the patrolman will ask the motorist to step out of the vehicle and perform one or more of the standardized field sobriety tests. If the officer is satisfied that a suspect is likely drunk, impaired or otherwise driving under the influence, police headquarters may be the next stop for a breathalyzer test.

Here in New Jersey, determining is motorist was operating a motor vehicle while impaired by alcohol, involves measuring the driver's blood-alcohol content (BAC). As New Jersey drunk driving defense attorneys, I and my staff of experienced DWI defense lawyers have handled numerous kinds of drunken driving cases over the years. Ay least for the state, establishing that a defendant's BAC is above the legal limit (of 0.08 percent) is a key piece of evidence for the prosecution's case against many drivers accused of DWI.

Of course, the law states that if a person who operates a car, truck, SUV or other motor vehicle is determined to have a BAC of 0.08 percent or more, that person can be found guilty of drunk driving -- also known as driving under the influence of alcohol, or more commonly, driving while intoxicated (DWI).

The abbreviation, "BAC" refers to the amount of alcohol in the bloodstream of a drunken driving suspect. It is important to understand that, while New Jersey law makes reference to 0.08 percent BAC as the legal limit, a motorist can still be convicted of intoxicated driving even if his BAC measurement is actually below the 0.08 percent limit.

Continue reading "New Jersey DWI Defense Update: What Goes into Defining Impairment for Drunken Driving Cases" »

It goes without saying that the annual anti-drunk driving campaigns, here in the Garden State as well as nationwide, are funded in part by the government in hopes that some alcohol-related traffic deaths and injuries might be avoided. Of course, there is always a question of how effective these efforts are and whether they result in catching those truly responsible for driving under the influence of alcohol, prescription medications, or illicit drugs.

As New Jersey DWI defense attorneys, I and my staff of qualified drunken driving lawyers meet numerous individuals every month, many of whom have been accused of driving while intoxicated. A percentage of these drivers have likely been charged by police with DWI on shaky grounds, while others may legitimately believe that they were actually sober at the time of their arrest.

A fair number of DWI and drug DUI arrests occur during the annual "Over the Limit, Under Arrest" drunk driving enforcement effort. In order to get a sufficient number of drunk driving patrols on the street and to have enough officers to man the various sobriety checkpoints that tend to pop up all over the state during these campaigns, local police agencies receive funding in order to offset the added costs of manpower and equipment.

Whether you live in Hudson, Sussex, Monmouth or Passaic County, as a motorist you have no doubt seen or been aware of the increased police presence on highways and surface streets throughout the state during these enhanced enforcement efforts. According to news reports, towns like Glen Ridge, NJ, participated in the recent "Click It or Ticket" seatbelt enforcement campaign.

Continue reading "Essex County DWI News: Glen Ridge Drunk Driving Enforcement Nets Half 2010's DWI-DUI Arrests" »

It would appear that Belleville Twp. has one of the lowest instances of drunk driving in all of the Garden State, at least during a recent traffic enforcement effort designed, among other things, to catch impaired drivers and have them arrested for and charged with DWI. Police officers from the geographically diminutive township recently participated in the "Click it, or Ticket" seatbelt enforcement campaign as one of 149 municipalities across the state to receive $4,000 to cover additional patrolmen during the two-week period from May 23 through June 5.

As part of this effort, Belleville police officers reportedly made no arrests of any drivers who may have been operating their vehicle while under the influence of beer, wine, hard liquor or controlled dangerous substances (CDS), such as cocaine and marijuana. Belleville patrolmen issued no drunken driving summonses during the effort. While this is in part amazing, considering the time of year, Belleville police did issue citations for a variety of other traffic offenses and civil infractions.

As a New Jersey DWI defense lawyer and former municipal prosecutor, I understand the techniques and strategies used by police officers and prosecuting attorneys to both arrest motorists who allegedly drive under the influence of alcohol or prescription medications (drug DUI), and also convict those individuals of intoxicated driving.

Continue reading "New Jersey Drunken Driving News: Belleville, NJ, Reports Zero DWI Arrests During "Click It" Campaign" »

As drunken driving defense attorneys, I and my experienced staff of DWI lawyers understand the monetary and legal implications of a drunken driving or prescription drug DUI arrest faced by many motorists. Getting a ticket for driving under the influence is nothing to take lightly, even as a first-time DWI offender. Although it may not appear to be a serious issue, many people do not realize the potentially life-altering events that a drunk driving conviction can set in motion.

Of course, even a summons for driving while intoxicated or breath test refusal can impact a person's personal life, job situation or standing in his or her local community. Add a conviction on top of an arrest, and this can translate into a significant event for almost anyone accused of operating a motor vehicle while impaired by alcohol, prescription drugs or other controlled dangerous substance, such as marijuana.

As a New Jersey drunken driving and drug DUI attorney, my firm defends individuals from all around the Garden State including Monmouth, Atlantic, Burlington and Hudson counties. And while the facts behind every DWI or drug DUI case are unique, the circumstances of the arrest can be similar. As well, the consequences and possible DWI penalties for a drunk driving conviction in New Jersey are usually very comparable based on the seriousness of the charges.

Below are a number of news items from around Mercer County, based on police blotter information from local news sources. These few items represent just a fraction of the arrests that take place every week in and around the state. Of these, police officers make dozens of arrests for variety of drunk driving and prescription medication DUI violations. The penalties for drivers found guilty of DWI or drug-impaired operation of a motor vehicle can be quite costly.

Continue reading "Mercer County, NJ, Drunk Driving News: DWI and Drug Possession Arrests in East Windsor Twp." »

For anyone who hasn't already noticed an increased police presence on New Jersey roadways this summer, it's that time again for stepped up drunken driving enforcement throughout the Garden State. What this means is that towns like Saddle Brook, NJ, will have their police officers working diligently to pickup motorists suspected of driving under the influence of alcohol, doctor-prescribed medications and even illicit drugs like marijuana and cocaine.

As drunken driving defense lawyers representing Garden State residents against charges of impaired driving, breath test refusal and possession of controlled dangerous substances in their vehicle, I and my colleagues understand the many and varied ways that a driver can be stopped and arrested for DWI and drug DUI. With the warm weather upon us and college students home for summer break, it's a foregone conclusion that drunken driving arrests will be on the increase throughout New Jersey counties, such as Mercer, Hudson, Essex and Ocean.

According to news articles, police departments in many towns and municipalities will be steeping up their anti-drunken driving patrols. Actually, these latest push is tied to the so-called "101 Days of Summer" DWI campaign in which increased police patrols (sometimes known as saturation patrols) will be used in an attempt to counteract the swelling of New Jersey's summertime population.

Police departments across the state will be carrying out similar efforts to the one detailed in a news article about the Saddle Brook Police Department's latest endeavor to catch and prosecute drunk drivers. As a former municipal prosecutor myself, I understand the strategies used by law enforcement and prosecuting attorneys to effect arrests as well as DWI convictions.

Continue reading "Bergen County DWI News: Saddle Brook Police Department begin Enhanced Summer Drunken Driving Enforcement" »

Now that summer is in full swing here in the Garden State, there are numerous occasions to celebrate; family gatherings, company outings, and after-work events in restaurants and bars throughout the state. Although the state police and local law enforcement agencies have been doing their part to curb the amount of drinking and driving on New Jersey roadways for years now, every week dozens of drivers are charged with DWI or impairment due to prescription medication (drug DUI).

As drunken driving defense lawyers representing people in Bergen, Monmouth, Passaic and Atlantic County, as well as the rest of the state, we understand fully the negative impact that a drunk driving conviction can have on a person's career and personal life. It isn't just the monetary hit that a driver takes following a sentence for first-time DWI or drug DUI. A driver's insurance rates will automatically go up significantly and remain there for several years.

One of the places that drivers get arrested for drinking and driving is the all-too-common sobriety checkpoint. Also known as a DWI or drunken driving roadblock, these temporary checkpoints are erected by police in areas that typically have a high incidence of DWI or DUI arrested. This fact is the justification for state and local police to set up a roadblock in order to assess drivers' sobriety one at a time.

According to news reports, New Jersey, along with other states across the country, will be participating in a continuation of what has become a summertime staple -- the DWI checkpoint program. This ongoing program includes the operation thought our state of multiple checkpoint locations in various counties, such as Ocean County. Sobriety roadblocks reportedly work by supplementing local police enforcement of drunken driving laws.

Continue reading "Toms River DWI Defense News: Ocean County to Increase Drunken Driving Checkpoints to Curb Summer Accidents" »

As the saying goes, knowledge is power; and apparently owners of smart phones are feeling more powerful every day. In the news of late are stories about the sales of software applications that allow users of iPhones, BlackBerries and Droids, among others, to keep track of drunken driving checkpoints, also known as sobriety roadblocks. Numerous government officials and police departments have been pressing Apple and Google to stop offering the apps, but this may be in itself be accelerating sales of the DWI alert software packages.

As New Jersey drunken driving defense lawyers, I and my team of experienced DWI attorneys are quick to advise people not to drink and drive. However, we understand that many motorists who are stopped by state and municipal police patrols don't necessarily realize that they may be legally drunk, something which could end up costing them a great deal.

When a driver is pulled over at a drunk driving checkpoint, if a police officer detects signs of alcohol use he may request the driver to perform a variety of field sobriety tests. Once satisfied that the motorist is likely impaired by alcohol, the officer may also ask the driver to submit to a breathalyzer test. If his or her blood-alcohol content (BAC) measurement is 0.08 or above, the individual could be arrested and charged with driving while intoxicated. This is the beginning of a costly process that may lead to loss of the person's job, alienation from family and friends, and possibly jail time under certain circumstances.

One way in which motorists are trying to avoid running into a sobriety roadblock is through the use of those DWI and DUI apps. According to news reports, these downloadable applications actually enable smart phone owners to pinpoint the locations of drunk driving checkpoints set from time to time up by police departments all across the Garden State.

Continue reading "New Jersey Drunk Driving News: Sales of DWI Sobriety Checkpoint Apps for Smart Phones Rise" »

As the weather becomes increasingly more pleasant here in the Garden State, the promise of warm spring days and summer evenings will bring about the inevitable house parties and family get-togethers. Part and parcel with these occasions is the always plentiful selection of beer, wine and hard liquor. While most people temper their drinking with the understanding that a drunken driving arrest and possible conviction is not desirable, it may not always be obvious that a driver has had more than his or her legal amount of alcohol before heading home from a party.

In such cases, being pulled over by a police officer for a seemingly minor traffic offense could wind up in a full-blown DWI arrest. While I am always quick to warn family and friends to drink responsibly -- and of course use a designated driver whenever the need arises -- as a New Jersey drunk driving defense lawyer, I also understand the ways in which a motorist could end up being issued a summons for driving under the influence of alcohol, or even prescription drugs (drug DWI).

In my line of work, I can also say that a conviction for driving under the influence of alcohol can significantly impact an individual's career, his personal life or even his standing in the community. The police in counties like Bergen, Ocean, Mercer and Union are constantly on the watch for potentially impaired drivers, and every week we read stories from local communities of police arresting intoxicated drivers.

The following are a few examples of typical news items that describe individuals stopped for traffic infractions and then arrested for DWI, prescription drug DUI, and possession of controlled dangerous substances (CDS), such as cocaine and other illicit drugs.

Morris County
A 21-year-old Dover resident was stopped by the police for drunk driving in the early morning hours along a stretch of Rte 24. The patrolman in charge arrested the man for drunken driving and was in the process of transporting the individual to police headquarters when he noticed a folder piece of white paper apparently on the subject's person. After investigating the item, the officer determined that it contained an amount of marijuana. In addition to the DWI arrest, the man was also charged with possession of marijuana. He was released after processing and assigned a mandatory court date.

Continue reading "New Jersey DWI Defense News: Morris County Police Arrest Drivers for Drunken Driving, Marijuana Possession" »

Speeding, weaving in and out of traffic, or running a stop sign are all ways that can get a driver killed, much less noticed by the police. While this kind of behavior can be interpreted in several different ways, law enforcement agencies tend to associate it with intoxication. In some cases they are right to do so. This is why a state trooper or local municipal patrolman will watch a potential drunken driving suspect for slurred speech, poor eye-hand coordination and other tell-tale signs of inebriation.

Here in Monmouth County, as in other areas across the Garden State, drunk driving is frowned upon by police and the courts. As New Jersey DWI defense attorneys, I and my colleagues are contacted frequently by people accused of driving under the influence of alcohol, prescription medication, and even controlled and dangerous substances (CDS) like cocaine and marijuana.

One thing all of us assume is that owners and operators of public and private transportation make certain that there drivers adhere to corporate rules and state and federal laws. Any commercial driver who is convicted of driving while intoxicated is likely to lose his or her job as a result, which would be a serious and life-changing event for someone in that field.

According to a recent news item, a driver for the Bolt Bus line that serves cities along the East Coast was arrested by police for driving under the influence (DUI) along a portion of the Garden State Parkway. Based on police reports, a passenger onboard a Bolt Bus traveling from New York to Washington, D.C., made a 911 call to report suspicion that the driver was inebriated.

The call came in just before 3pm on a Friday afternoon, sending state troopers out to pull the bus over along a southbound stretch of the turnpike. According to reports, the trooper in charge observed the bus going about 80mph, in excess of the posted speed, following dangerously close to other vehicles and illegally traveling in the left lane. Along with improperly lanes changes, these observations apparently gave the patrolman enough reason to stop the bus.

As a result, 46-year-old Elia Rodriguez was arrested after he was unable to successfully pass standardized field sobriety tests. To make things worse for the suspect, the trooper allegedly found an open container of alcohol in the driver's area of the bus. Following a breathalyzer test, authorities stated that Rodriguez's blood-alcohol content (BAC) was "well over" the legal measurement of 0.08 percent. Police charged the man with DWI, reckless driving and other traffic offenses.

Bolt Bus driver arrested on N.J. Turnpike for DWI, speeding, PoconoRecord.com, March 14, 2011

Picking up on our discussion previously regarding fighting a drunk driving charge, we've already talked about the possible causes of failing one or more of the standardized field sobriety tests that most police officers administer to allegedly drunk drivers in order to gauge their level of so-called drunkenness.

As a New Jersey DWI and drug DUI defense lawyer, I and my colleagues know the procedures that law enforcement departments train their officers to follow when arresting a motorist for driving under the influence of alcohol, prescription medication or illegal drugs. These tests are designed to evaluate a person's level of inebriation, but they can also result in false assumptions.

In fact, an individual doesn't need to be drunk to fail a field sobriety test, or FST. Many people who have had nothing alcoholic to drink can still struggle to pass FSTs under a variety of conditions. The takeaway here is that even if you ever struggled and possibly failed the FSTs, it can still be attributed to the setting and circumstances of the test, and not always because a person is intoxicated.

For those who do not agree, simply attempt to accomplish some of the standardized field sobriety tests at home, in a comfortable non-threatening setting, on a level and firm floor, and without any nervousness or anxiety. You could be surprised at what you discover.

When a skilled drunk driving defense lawyer is there by an individual's side to raise reasonable doubt in the court's mind as to whether or not that person was indeed intoxicated, the results can also be surprising.

Meanwhile, there are other, rather innocent explanations for various "symptoms" of drunkenness. Many police officers will claim to have observed certain of these "objective symptoms of intoxication" in a person suspected of drunken driving. The standard list includes the following:

• Bloodshot and watery eyes


• Slurred speech


• A flushed face and


• An unsteady gait

Oddly enough, DWI police reports can include pre-printed boxes indicating some or all of these so-called symptoms, right there waiting for an officer to check them off. At any rate, the non-alcohol causes for these observations often include fatigue, allergies or eye strain that can cause bloodshot eyes, nervousness, embarrassment and/or anger about being pulled over in the first place, which can result in flushing. Even a feeling of intimidation or being flustered by the event can result in slurred speech.

Unfortunately, the police rarely take these innocent explanations into account. This is why an experienced New Jersey DWI defense attorney is someone that should be consulted whenever a motorist feels he or she was falsely accused of driving drunk.

Don't believe for one second that being "arrested" for drunk driving in Bergen, Monmouth, Ocean or any other county in the Garden State will automatically lead to a conviction for driving under the influence of alcohol. The fact is a lot can happen between a DWI-related traffic stop and any sentencing for an intoxicated driving summons.

As experienced New Jersey drunk driving defense attorneys, I and my colleagues know that the situation is not always that dire. Over and over, our staff is asked by potential clients about the true practicality of fighting an intoxicated driving charge. A typical response? Pleading guilty to a drunken driving charge is certainly not the way to win.

Municipal prosecutors in charge of DWI cases will typically point to a number of factors in an effort to "prove" in court that an individual was operating a motor vehicle in an impaired state. These include: 1) the odor of alcohol on the driver's breath; 2) police observations that the subject was driving in an "erratic" manner; 3) the suspect "appeared" disheveled or carried himself as if he was intoxicated by liquor; 4) demonstrated poor performance of the standard field sobriety tests; and finally, 5) was deemed legally intoxicated based on the blood-alcohol content (BAC) results from a breath or blood test.

What prosecutors will not tell you, nor be eager to point out, is that each of these "evidence" types can be quite ambiguous from a legal standpoint. This is why one should always seek the services of a qualified DWI attorney. Much of the so-called evidence collected by the police during a drunk driving stop, sobriety checkpoint or DWI roadblock is subject to a range of interpretation and can often be unreliable -- resulting in faulty assumptions.

One potential defense stems from the fact that factors other than inebriation from beer, wine or hard liquor can cause poor performance on the standardized field sobriety tests. Actually, performing poorly on drunken driving field sobriety tests may be the result of other factors, such as:

-- Testing a person on an uneven or slippery surface
-- Being distracted by the patrol car's flashing lights or nearby traffic
-- If the test area is too dark or amidst glaring lights
-- Testing the takes place in cold, rainy or windy weather conditions
-- If the driver is wearing unsuitable footwear, such as boots, high heels or dress shoes
-- If the motorist is nervous, anxious or frustrated by the situation

These are a few of the possible causes of poor sobriety field test performance. We'll discuss some more effects in another installment.