When police in New Jersey suspect someone of driving while intoxicated (DWI), they may ask them to take a field sobriety test (FST) before placing them under arrest. A person could “fail” FSTs for any number of reasons besides intoxication, such as injury, weather conditions, or even just standing on…
The criminal offense of driving while intoxicated (DWI) is most often associated with alcohol, hence the term “drunk driving.” It is also an offense under New Jersey’s DWI statute to operate a motor vehicle while under the influence of certain other drugs. While the statute determines the severity of a…
A decision issued by the U.S. Supreme Court last year limits the ability of police to take a blood sample from a DWI suspect without consent or a warrant. Missouri v. McNeely, 133 S.Ct. 1552 (2013). The Fourth Amendment protects people from unreasonable searches and seizures, and generally requires law…
As a lawyer in New Jersey that practices only DWI defense, I am often amazed at the emphasis that judges place on field sobriety testing in court. The reality is, according to the government’s own statistics, the roadside exercises are at best 68% reliable in predicting someone to be over…