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.
