When the police stop you on suspicion of driving under the influence (DUI) in New Jersey, they can ask you to take a variety of different tests designed to assess your level of intoxication or impairment. These include tests designed to detect both alcohol and drugs. If you “fail” these tests, you can face an uphill battle when it comes to fighting your DUI charge in court. However, an experienced New Jersey DUI lawyer may be able to challenge your “failure” on various grounds.
Police officers use three primary types of tests during DUI stops in New Jersey: (i) the breathalyzer; (ii) the field sobriety tests (FSTs); and (iii) the drug recognition expert (DRE) exam. While prosecutors can use suspects’ performance on all three types of tests in court, all three types of tests have their flaws—and exposing these flaws can be an effective strategy for avoiding unnecessary consequences.
Challenging Your “Failure” of the Breathalyzer
When the police stop you on suspicion of DUI, you are required to take the breathalyzer upon request under New Jersey’s “implied consent” law. The breathalyzer tests your blood alcohol concentration (BAC), and, if your BAC is over the legal limit, the police can arrest you for DUI regardless of whether your driving abilities were impaired.
But, while blowing over the legal limit is grounds for a DUI arrest, there are several reasons why your breathalyzer test result might not actually be evidence of intoxication. Some examples of issues that can lead to a “false positive” on the breathalyzer include:
- Calibration issues with the breathalyzer device
- Improper administration of the breath test
- Certain medical conditions that can cause a false positive reading
- Timing issues (i.e., administering the test when your BAC was still rising at the time of your traffic stop)
If any of these are issues—or even might be issues—in your DUI case, your New Jersey DUI lawyer may be able to use them to protect you. Remember, it is up to the prosecution to prove your guilt beyond a reasonable doubt. This means that if there are any questions regarding the reliability of your BAC reading (or your breathalyzer “failure”), prosecutors might not be able to meet their burden of proof.
Challenging Your “Failure” of the Field Sobriety Tests (FSTs)
Unlike the breathalyzer, the field sobriety tests (FSTs) are not mandatory under New Jersey law. Unfortunately, many people do not learn this until it is too late.
But even if you took the FSTs and “failed,” this doesn’t necessarily mean that you will be convicted of DUI in court. Just like your BAC reading (if you took the breathalyzer), various issues can render your FST results unreliable. Some examples of these issues include:
- Failure to properly explain the FSTs
- Improper administration of the FSTs
- Inaccurate assessment of performance on the FSTs
- Underlying medical conditions that affect your eye movement or balance
- Shoes, clothing, lighting conditions, surface conditions, and other issues that can negatively impact performance
If you “failed” any of the field sobriety tests, understanding your options for challenging your “failure” will require a clear understanding of the standards that apply to the FSTs. An experienced New Jersey DUI lawyer will be intimately familiar with the requirements for properly administering the tests and assessing DUI suspects’ performance, as well as the inherent issues with the subjective nature of the FSTs.
Challenging Your “Failure” of the Drug Recognition Expert (DRE) Exam
When the police suspect that someone has been driving under the influence, they can call a drug recognition expert (DRE) to the scene to evaluate the suspect for impairment. Upon arrival, the DRE will conduct a 12-step exam designed to determine if the suspect is under the influence of alcohol or drugs.
Several of the steps in the DRE exam process are similar to the FSTs, and, like the FSTs, the DRE exam inherently involves elements of subjectivity. As a result, DRE exam “failures” will be subject to challenge on the same grounds as FST “failures” in many cases. Here, too, if there are questions about the reliability of the prosecution’s evidence, these questions may be enough to prevent the prosecution from proving guilt beyond a reasonable doubt.
Another Important Consideration: Keeping Your Test Results Out of Court
Along with challenging your breathalyzer, FST, and/or DRE exam results directly, your New Jersey DUI lawyer may be able to defend you by other means as well. For example, depending on the facts of your case, your lawyer may be able to keep your test results out of court.
Keeping test results out of court in a New Jersey DUI case often involves proving that the police obtained the results in violation of the suspect’s constitutional rights. For example, if the police stopped you without reasonable suspicion, then all of the prosecution’s evidence against you may be inadmissible in court.
Prosecutorial violations can also warrant keeping evidence out of a New Jersey DUI case. This includes failing to disclose favorable (or “exculpatory”) evidence. For example, if prosecutors know that the breathalyzer device used during your traffic stop wasn’t properly calibrated, their failure to disclose this could entitle you to dismissal before trial.
In all cases, however, exposing issues with the prosecution’s case requires experienced legal representation. To find out what defenses you can assert in your case, you should consult with an experienced New Jersey DUI lawyer as soon as possible.
Discuss Your Case with an Experienced New Jersey DUI Lawyer in Confidence
If you are facing a DUI charge in New Jersey, our lawyers can determine what defenses apply in your case, and we can fight to protect you by all means available. But we can only help you if you get in touch. To discuss your case with an experienced New Jersey DUI lawyer at Helmer, Conley & Kasselman, P.A. in confidence as soon as possible, call 877-435-6371 or tell us how we can contact you online today.
