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Perth Amboy DWI Lawyer

17
May
2011

by in DWI Defense

Perth Amboy police along with New Jersey State Police routinely make arrests for DUI (driving while intoxicated – DWI). DUI, DWI and drunk driving are all the same thing in New Jersey – violations of N.J.S.A. 39:4-50. Arrests for DWI in Perth Amboy frequently occur along Route 440, Route 35, New Brunswick Avenue and Convery Blvd. The Outerbridge also connects Perth Amboy to Staten Island New York, and it is not uncommon for DUI charges to be filed near the bridge entrance.

Drinking and driving is one of the worst mistakes someone can make in life. The State of New Jersey certainly does not make things any easier for those accused of DWI. However, help is available. Call now to speak with a Perth Amboy DWI lawyer.

For a first offense DWI in New Jersey, you can be convicted by what is known as “observations” or by having a valid blood alcohol reading of .08 or above. It is a common misconception that the prosecutor cannot proceed if there is not a valid breath test reading.

This is untrue. Even without a valid breath test reading, the state can still prosecute a DWI. The evidence that will be used against you will be what the officer and other witnesses observed.

These observations would include your performance on any psychophysical testing or “divided attention” tests. Such tests include those approved by the New Jersey State Police, which are largely developed by the National Highway Traffic Safety Administration (NHTSA, as the cool kids call it).

These approved tests include making the subject walk a straight line for 9 steps, pivot, turn and walk 9 steps back, having the subject balance on one foot while counting out loud, and the Horizontal Gaze Nystagmus Test, which tests for the involuntary jerking of the eyeball. These test have been proven, to debatable degrees, to be accurate in showing whether an individual is intoxicated or under the influence of drugs and/or alcohol a good NJ DWI lawyer will know how to challenge all of these tests.

Other observations that may be used against you can be the odor of alcohol on your breath or emanating from the interior of your vehicle. The officer may testify that your eyes were bloodshot or watery, or that your speech was slurred. Of course, it is likely that that officer has never seen or spoken with you prior to you DUI arrest. There would therefore be now way for the officer to know whether you normally slur your words of suffer from some kind of medical condition.

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