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Drunk Driving (DWI/DUI) & Municipal Court Articles

• NEW JERSEY'S DRUNK DRIVING (DWI/DUI) STATUTE AND THE ISSUE OF OPERATION
• Drunk Driving in New Jersey: The Articuable Suspicion and Probable Cause Standards
• The Expert Witness Myth in a Drunk Driving (DWI/DUI) Case where the Intoxicant is a Drug
• Baby Boozers: The Consequences of Underage Drinking in New Jersey (3 of 3)
• Baby Boozers: The Consequences of Underage Drinking in New Jersey (1 of 3)

The Use of Demeanor Evidence in Drunk Driving Cases in New Jersey

You could be convicted of driving while intoxicated (DWI/DUI), in New Jersey on the basis of anyone of three separate categories of evidence: (a) scientific tests which can analyze your breath, blood or urine to determine your body’s blood alcohol content (BAC); (b) demeanor evidence which is merely a witness’s perception of the symptom of your intoxication (i.e. slurred speech, blood shot eyes, a staggering walk, etc) at the time of the arrest; and (c) opinion evidence as to your state of intoxication, which is usually offered by the investigating police officer.

While scientific tests are the most lethal weapon in the government’s arsenal against intoxicated drivers because if the arrestee’s BAC is .08% or greater, the accused is presumed guilty. There are times, however, when these types of tests are not taken or are not admitted into evidence. In those circumstances, the government will shift its attention to demeanor evidence. If that occurs, the government does not receive the presumption of guilt and it must be prove your guilt beyond a reasonable doubt, which creates a better environment for an acquittal.

Do not be deceived into thinking that success is a foregone conclusion, however. To be seen, the government still has the edge and unless you present an intelligent and aggressive defense, you will be convicted of DWI/DUI, even when the government can not establish your BAC with a scientific test.

To begin, New Jersey’s DWI/DUI statute prohibits driving a motor vehicle while under the influence of an intoxicating liquor, a narcotic, a hallucinogenic or habit-producing drug. The term “while under the influence” has been defined by the courts at various times and for various reasons. In one instance, a court defined it to mean “a substantial deterioration or diminution of the mental facilities or physical capabilities of a person” caused by one of the prohibited intoxicants. On another occasion, it was said that “under the influence” means “a condition which so affects the judgment or control of a motor vehicle operator as to make it improper for him to drive on a highway.” While the first definition seems to create a more stringent standard with its “substantial deterioration” language, the second definition can still afford an accused with some level of comfort; or, so it seems.

Unfortunately, in many cases, the court seems committed to convict even when demeanor evidence is marginal. Here are some good examples where people have been convicted of DWI/DUI beyond a reasonable doubt, where the arrestee’s demeanor does not clearly point to intoxication.
• blood shot eyes, hostility and strong order of alcohol; and
• strong odor or alcohol, slurred speech, combativeness, swaying while walking, and driving without headlights.
In the final analysis, you can be convicted of drunk driving (DWI/DUI) on the basis of demeanor evidence alone and, that is so even though the government’s case is not as compelling as you may think it should be under the circumstances.

1.For more information on the issues associated with a drunk driving (DWI/DUI) case, see my book titled, “New Jersey’s DWI Survivor’s Guide,” which you can download without cost from my website at www.ftlucianolaw.com.

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