The evidence used against defendants in DWI cases often seems overwhelming, but in reality, much of it can be effectively challenged. That includes both the chemical evidence obtained through breath, blood and urine and the evidence police obtain by observing you during your traffic stop and arrest.
Types Of Evidence In New Jersey DWI Arrest
When police make DWI arrests, they gather evidence against suspected drunk drivers: In the form of physical chemical evidence and also through investigation observational evidence.
Chemical evidence consists of the results of breath, blood or urine tests. This is the evidence prosecutors tend to rely on the most, as it has the appearance of scientific certainty. With Alcohol we often get a BAC reading through a breathalyzer or a blood test. However, quite often when it comes to drugs the tests only show the presence of a substance and not the quantity. Simply having something present in your system alone doesn't prove that you are under the influence of that substance in every instance. For example, it is widely known that marijuana can remain in blood or urine for as long 30 days after consumption.
Another type of evidence is observational evidence. What did the officer see and now what will show up on a video? This is the evidence police gather from observing your behavior, speech, appearance and the results of your field sobriety tests. Observational evidence has changed over time in that now the officers are generally wearing body camera's or body-cams as part of their uniform. This body-cam footage can be played back and show a persons manner of speech and conduct at the time of the arrest. Although we cannot see the strong odor of alcohol which the officers notoriously write about in their reports, we can see the manner of speech and way a person holds themself during the interaction with the police.
Standard Field Sobriety Tests (SFST'S)
If the officer believes alcohol was involved from the initial interaction, the officer will then request that the driver perform SFST's or what police refer to as standard field sobriety tests. These divided attention tests are designed to divide your attention between your brain and motor functions like counting and walking while keeping your hands at your side. A method to obtain observational evidence is by using the field sobriety testing. These tests have multiple potential failure points and the officer is observing you to determine whether you miss any of the cues. Missed cues will give the officer probable cause to believe you are intoxicated and take you back to the police station for a Breath Test.
