DWI Lawyer in Hackensack
Punishments for DWI Convictions
Being arrested for driving while intoxicated (DWI) is a serious offense in New Jersey that lead to jail time, losing your driver's license and paying substantial fines and surcharges. Mounting a viable DWI defense in Hackensack requires assistance from a confident, aggressive lawyer with DWI case experience. The criminal law firm in Bergen County Benjamin G. Kelsen is a confident attorney who can represent you.
Hackensack DWI Laws
It's important to remember that a DWI arrest in Hackensack represents an allegation of driving while intoxicated. It's up to the prosecution to prove beyond a shadow of a doubt that you were:
- Driving while under the influence of alcohol as determined by observing erratic vehicle operation, poor balance, staggering, slurred speech and similar drinking-related behavior.
- Driving with a blood alcohol concentration (BAC) of .08% or more as determined by a breath test.
- Driving while under the influence of a hallucinogenic, narcotic or other controlled drug, as determined by observation and blood/urine testing.
Drunk Driving Testing
If you're stopped under the suspicion of drunk driving, Hackensack law officers will request that you consent to one or more tests designed to determine whether you-re driving while intoxicated.
Standardized Field Sobriety Testing – There are three tests you might be asked to perform:
- Horizontal Gaze Nystagmus (HGN) – Officers are trained to watch your eyes as you follow the back and forth motion of an object held about a foot in front of your nose.
- Walk and turn – You'll be given instructions and asked to walk heel-to-toe along a straight line. Officers are trained to observe you in following instructions and walking steadily.
- One leg stand – You'll be given instructions and asked to lift one foot off of the ground and count. Officers are trained to observe your balance and adherence to their instructions.
According to the National Highway Traffic and Safety Administration, these three tests must be properly administered and are the only observation-type tests Submitted to determine intoxication.
Breathalyzer – A breathalyzer is an instrument designed to estimate your blood alcohol concentration. Although experts disagree on the accuracy of breath testing devices, they're a standard method used for determining to what degree a driver is intoxicated. If you refuse to give a breath sample, you leave yourself open to additional charges that include loss of license, fines and time served in the Intoxicated Driver's Resource Center.
Blood and urine tests – These tests are most commonly performed if the subject is suspected of being under the influence of drugs other than alcohol. In New Jersey, you can refuse to give blood or urine without incurring additional charges.
Although these types of tests are used across the country as standards to determine whether a driver is intoxicated, they aren't foolproof. An attorney experienced in DWI defense is familiar with the proper administration of these tests and their possibilities for inappropriate readings or failure.
