How Police Gather Evidence in a DUI Case Behind the Sobriety Tests More than three-fifths of Americans drink alcohol at least occasionally, and many rely on a casual assessment of their mental state when deciding whether they are too “buzzed” or “hammered” to get behind the wheel. The tests police use to build a DUI case against drivers, however, are anything but casual. New Jersey’s “implied consent” law requires drivers to submit to Breathalyzer or blood tests for blood alcohol content (BAC) or face penalties for refusing. A driver is considered intoxicated if the tests show a BAC of 0.08% or higher. This strict limit is the same as in all other states except Utah, which imposes a 0.05% limit. Truck and bus drivers are held to a stricter limit of 0.04%, and the limit for New Jersey drivers under 21 is even lower, at 0.01%. Police often use field sobriety tests as a first step toward assessing a suspect’s sobriety, including a one-leg stand test for balance and a walk-and-turn test of the suspect’s ability to walk a straight line. A third assessment is the horizontal gaze test for nystagmus or involuntary jerking of the eyeballs. While drinking can cause nystagmus, other potential causes can shape the results of this test, including the use of antidepressants or seizure medications or wearing contact lenses. If a driver’s performance on the field sobriety tests raises suspicion, officers typically ask them to blow into a breath-testing device. Regardless of the BAC test results, police also document as evidence other signs of impairment, including a suspect’s erratic driving behavior, bloodshot eyes, flushed face, difficulty concentrating, or slurred speech. Results of BAC tests also help determine penalties for DUI. While any driver convicted of DUI may spend up to 30 days in jail, a defendant whose BAC was 0.15% or more is subject to a maximum one-year license suspension and more than $3,000 in fees. That compares with the less harsh three-month suspension and $400 maximum in fines and fees for a driver with a BAC of 0.08%. Defending drivers against technical errors in how these tests are administered, interpreted, and used in DUI cases can be a complex challenge. If you or someone you know faces DUI charges in New Jersey based on BAC testing, don’t hesitate to call us or refer them to our offices today!
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