New Jersey DUI Attorney Discusses the Field Sobriety Vision Test, Also Known as the Horizontal Gaze Nystagmus Test

April 25, 2017 by Edward Janzekovich

If you are pulled over and arrested for DWI in New Jersey, the police have a few options for proving that you were driving under the influence of alcohol or drugs. Two of the things that police officers may do is (1) conduct a field sobriety test, or (2) use an official breathalyzer test, which is meant to determine scientifically if your blood alcohol content (BAC) is over the legal limit of .08%. Because the government is required to adhere to specific and complicated guidelines for administering and maintaining BAC tests and records, it is important that you retain an experienced attorney if you are ever arrested for a DUI. A knowledgeable DUI/DWI attorney will be able to review the records and may be able to have the BAC evidence thrown out so that it cannot be used against you.

If the BAC evidence is thrown out, or otherwise compromised or excluded, then the government will be required to rely on other evidence to prove that you were driving under the influence of alcohol or drugs, such as the field sobriety test. A police officer’s observations and notes regarding how a driver acts or appears, when combined with evidence of the officer’s experience in assessing impairment, can be used to convict a driver of operating a motor vehicle under the influence of drugs or alcohol.

Horizontal Gaze Nystagmus Test

In New Jersey, police officers may ask a driver to do a number of different exercises in an attempt to determine if the person is intoxicated, under the influence of any substances, or otherwise impaired, including standing on one leg, reciting the alphabet backwards, walking in a straight line, or following the police officer’s finger with the person’s eyes. Not all of the tests are admissible in court. The vision test, where a driver is asked to move his or her eyes from side to side, is considered scientifically reliable under the law. This is called the Horizontal Gaze Nystagmus (HGN) test.

Nystagmus is a term to describe fast, uncontrollable movements of the eyes – sometimes also referred to as dancing eyes. Impairment due to alcohol and the use of certain drugs can cause involuntary nystagmus. Accordingly, in the 1970’s and 1980’s, the National Highway Traffic Safety Administration (NHTSA) performed studies to determine if the HGN could be used to reliably determine if a person was operating a car while intoxicated or impaired by drugs, and the studies found the HGN test is 77% accurate in determining whether a person has a 0.10 BAC or more.

What Police Officers Are Looking for When Performing the Test

Police officers are provided with some training in how to perform an HGN test, including what signs of impairment to look for. The guidelines suggest that a police officer is checking for equal pupil size and whether the eyes are jerking involuntarily from side to side while at rest or while tracking an object from side to side. Three specific “clues” that officers are trained to look for include:

The lack of smooth movement from side to side – bouncing rather than rolling smoothly.
Distinct and sustained nystagmus when the eyes are held at maximum deviation and held for a minimum of four seconds.
Onset of nystagmus when the eyes have moved less than 45 degrees to the side.

How a Lawyer May Challenge the Horizontal Gaze Nystagmus Test

Scientific and medical experts have concerns that the administration of the HGN test by police officers may be unreliable because these officers are not ophthalmologist, trained in the detection of eye movements and or eye pathologies. Some experts have also suggested that the NHTSA standards for performing the HGN test could lead to false results. One independent study concluded that, in a controlled laboratory test, police officers were wrong 41% of the time about whether a person with a .10% BAC experienced HGN.

Similarly, HGN can be caused by a number of other things, including injury, tiredness, illness, or medical conditions. In the case of Schultz v. State, a case from Maryland, the court recognized at least 38 medical conditions unrelated to alcohol that can cause HGN, including the flu, consumption of excessive amounts of caffeine, head trauma, some prescription drugs, and exposure to certain chemicals or toxins.

Because a police officer is looking at your behavior, appearance, and how you perform on these tests, your performance on any field sobriety test, as well as your ability to speak to the police officer and answer questions, can help in your defense against a DUI/DWI conviction. At the end of the day, these tests are not perfect and subject to human error. For that reason, it is important to always consult an experienced lawyer. A DUI attorney may be able to fight the charges against you or have the charges dismissed completely.

New Jersey DUI/DWI Attorney Edward M. Janzekovich Can Help if You Are Arrested for Drunk Driving

An arrest for driving under the influence of alcohol or drugs can have life-changing consequences for any driver. Such a charge, and possible trial, can also be extremely complicated, especially when specific tests or scientific evidence is involved. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced DWI/DUI attorney can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: Criminal Law, Drugged Driving, Drunk Driving, DWI - DUI, DWI & DUI Checkpoints, Uncategorized Tagged With: commercial truck driver dui new jersey, new jersey alcotest, new jersey truck driver dui

New Jersey DWI Attorney Discusses Possible Changes to the 0.08% Blood Alcohol Content Limit

April 13, 2017 by Edward Janzekovich

Blood Alcohol Content Limit For nearly two decades, the state of New Jersey has had a legal blood alcohol content (BAC) limit of .08%. That means that if you are pulled over in this state and suspected of drunk driving, and you take a properly administered breathalyzer test that determines you had a BAC reading of over .08%, you can be found guilty of drunk driving.

The BAC legal limit was lowered from .10% to .08% in every state across the nation nearly a decade ago (Delaware was the last state to adopt the .08% standard in 2004), after the National Transportation Safety Board (NTSB) made recommendations that the change could save lives. In 1998, a new Federal incentive grant was created to encourage states to adopt the .08 BAC illegal per se level, and, in 2000, Congress adopted .08 BAC as the national illegal limit for impaired driving.

Now, the NTSB is issuing new recommendations that the .08% BAC limit should be lowered again to .05% – and there are a few states that may be willing to follow suit, including New Jersey.

Utah to Become the First State with a .05% BAC Limit

Earlier this month, Utah Governor Gary Herbert signed the state bill that would lower the legal BAC limit to .05%, stressing repeatedly that it was an issue of public safety. The law would take effect in that state at the end of 2018. The law faced opposition from the local restaurant and tourism industry, who feared that the new law would make drivers irrationally afraid of consuming alcohol on business premises. However, the state is basing its decision on a number of studies that show a lower BAC limit could save lives, as well as precedent set by most countries in Europe.

Until then, the state plans to address some of the complications that could arise with lowering the

Why the NTSB Wants to Lower the BAC Limit

The NTSB is recommending that all states change their laws to lower the blood alcohol limit from .08% to .05% based on the belief that it will save lives and make the roads safer for everyone who drives on them. The NTSB actually made these same recommendations to congress in 2013, but the recommendations were rejected at that time.

The NTSB is renewing its push to change the law, pointing to studies that say lowering the legal limit will result in 500 to 800 lives saved every year across the country, based on data from the Centers for Disease Control (CDC) that shows the average 160-pound male man will have impaired coordination and difficulty steering with a BAC of .05%. That same man would be at the .05% limit if he only drink two or three drinks in an hour, as opposed to four alcoholic beverages to reach the .08% level.

What This Could Mean for You

Utah is not a complete outlier in trying to lower the legal BAC limit. Several states have laws that lower the BAC legal limit for second or third time DWI/DUI offenders, and several New Jersey publications discussed the issue when the NTSB released its recommendations last year.

If the BAC limit is lowered in this state, it could mean that the average driver would be more easily subject to arrest for driving under the influence of alcohol. For instance, a 120-pound person may be near or at the .05% limit after consuming only one drink – such as a glass of wine with dinner.

At the same time, the law would be much harder to enforce, because a person may not be as visibly intoxicated at the .05% level, and a police officer may have a harder time deciding whether or not to bring a driver back to the police station to administer a blood alcohol test.

Regardless of whether or not the law does change, we at the Edward M. Janzekovich Law Blog always recommend that you avoid drinking and driving. Depending on who you are, what you’ve had to eat that day, and/or what you are drinking, one drink can be enough to push your BAC over the legal limit, whether that limit is .05% or .08% or even .10%. At the same time, a BAC reading is not always perfect, and there may be legitimate reasons to challenge your arrest or charges for driving while intoxicated. If you or someone you know is pulled over or charged with drunk driving, the penalties can be extremely severe. For that reason, it is important to always consult an experienced lawyer. A DUI attorney may be able to fight the charges against you or have the charges dismissed completely.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can Help if You Are Arrested for Drunk Driving

A DUI/DWI charge can have life-changing consequences for any driver. Such a charge, and possible trial on the charges, can also be extremely complicated, especially with the laws changing all the time. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced DWI/DUI attorney can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: Blood Alcohol Tests, Criminal Law, Drugged Driving, Drunk Driving Tagged With: blood alcohol test new jersey, drunk driving, new jersey blood alcohol testing

Driving Under the Influence of Drugs, Including Cocaine, Heroin, Meth, and Other Substances in New Jersey

August 22, 2016 by EMJanzekovich

Under New Jersey law, N.J.S.A. 39:4–50(a), you cannot drive a motor vehicle if you are “under the influence… of a narcotic, hallucinogenic or habit-producing drug.” New Jersey courts have since expanded this law to include any substance that has produced a narcotic effect – and the law does not even require that the specific drug be identified. If you have used a substance that would change your normal physical coordination or mental abilities to the point that you can be considered a danger to yourself or others on the road, then you may be charged with driving under the influence of drugs, also known as DUID.

If you go to trial for a DUI/DWI charge, the State must prove beyond a reasonable doubt that you were operating a vehicle under the influence of some drug or mind altering substance. When it comes to alcohol, the standard breathalyzer test and field sobriety tests used to demonstrate that a person was driving drunk are well known. When it comes to DUID for drugs like cocaine, however, a case can be somewhat more complicated. The State may require expert testimony to establish that there were drugs in your system and that these drugs actually made you unable to safely operate your vehicle. For that reason, it is especially important to consult an experienced DWI/DUI lawyer, who will be able to identify if the State’s investigation into your charges was proper and who may be able to have your charges either dismissed or downgraded by discrediting this evidence.

How Does the State Prove Narcotic Use?

In a prosecution for driving while under the influence of drugs, the State will use observations and testimony to establish that a person was using drugs at the time he or she was arrested, as well as to show that the person was intoxicated. For instance, if a police officer suspects a driver of being under the influence of narcotics, the first thing he or she will probably do is request that the driver undergo a blood or urine test. This evidence would then be admitted at trial through admission of the person who performed the analysis or an independent reviewer. Barring exigent circumstances, New Jersey law does not require that a driver undergo a blood or urine test. The driver does have the right to refuse to participate in testing. To obtain a blood or urine sample, the police MUST either (1) gain the drivers voluntary informed consent (meaning the driver has the right to refuse) or (2) the police obtain a search warrant to force a driver to give blood or urine for testing (if a warrant is issued, you must comply).

The State will also need to present evidence that the driver showed signs of intoxication. This is because a defendant can argue that any traces of narcotics in his blood or urine were left over from some other time and did not impair his or her ability to drive. Such evidence can be observed from speaking to a driver and by asking a driver to perform a field sobriety test – things like walking in a straight line, standing on one foot, or using your eyes to follow a light. Again, the State may need to present this evidence through an expert, such as a police officer with sufficient training to identify narcotic influence. In the recent case of State v. Beyer, the New Jersey Appellate Division affirmed the DUID laws and procedures, when it held that a driver could be convicted of driving under the influence of cocaine based on the fact that the driver was found asleep at the wheel of a car with its engine running, the driver admitted to using cocaine earlier, urinalysis showed the presence of cocaine, and the driver showed signs of falling, swaying, and staggering during the field sobriety test.

Because defending against charges of driving under the influence of drugs can be very complicated, it is important to get an experienced DUI/DWI attorney in any situation where you or someone you know is charged. An experienced DWI/DUI attorney will be able to help present the best defense possible or have the charges against you dropped completely.

New Jersey DUID Attorney Edward M. Janzekovich Can help if You Are Charged with Driving Under the Influence of Drugs, Including Molly, Ecstasy, Marijuana, or Other Illegal Substances

A DUI/DWI charge for operating a motor vehicle will involve many complicated evidential issues. Such a charge can also result in severe penalties that affect you and your loved ones. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced DWI/DUI attorney can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the State of New Jersey.

Filed Under: Driving Under the Influence of Drugs, Driving Under the Influence of Marijuana, Drugged Driving, Drunk Driving, DWI - DUI, Uncategorized

New Jersey DUI – DWI Lawyer – Driving Under the Influence of Marijuana

May 3, 2016 by EMJanzekovich

It is illegal to drive while high on marijuana (weed, pot, etc.) in New Jersey. Although New Jersey does not have a specific law that addresses driving under the influence of marijuana, the same law that prohibits drunk driving (N.J.S.A. 39:4-50, titled “Driving While Intoxicated”) applies to drugged driving offenses as well. This law prohibits driving under the influence of any intoxicating substance, including narcotics, hallucinogens or even some over the counter medications.

How Do the Authorities Prove a Person is Under the Influence of Marijuana?

When a person is pulled over on suspicion of drunk driving, they are given a breathalyzer test to determine their blood alcohol content. So how does a police officer know whether a driver is under the influence of marijuana? Usually, a driver will be asked to take a blood or urine test. However, a positive drug test only indicates that there is marijuana in a person’s system at the time of the traffic stop—and marijuana can stay in a person’s system weeks after using it. Therefore, if you are arrested for drugged driving, additional evidence is generally relied upon to prove the DUI in court.

If you go to trial for your DUI charge, the State must prove beyond a reasonable doubt that you were operating a vehicle under the influence of marijuana. This requires some expert testimony to establish that the drugs found in your system were not just residual, but actually rendered you impaired and unable to safely operate a motor vehicle.

In drugged driving cases, the general rule is that the accused must have been tested at the time of their arrest by a specially trained police officer referred to as a Drug Recognition Expert (“DRE”). However, for marijuana cases, the prosecutor can establish intoxication through testimony of any police officer who has been trained in field sobriety and who has experience in identifying marijuana intoxication. In such cases, an officer will testify that there was objective evidence that a driver’s physical or mental capabilities were impaired by the drug. This testimony can be the State’s Achilles heel. An experienced DWI lawyer may be able to have your charges either dismissed or downgraded by discrediting this testimony.

No Implied Consent for Blood or Urine Testing

In New Jersey, as a condition of receiving your driver’s license, you have agreed to take a breath test to determine the content of alcohol in your system if you are pulled over on suspicion of drunk driving. This is known as “implied consent.” If you refuse to take the test, you are subject to punishment including a loss of driving privileges. But this law does not extend to drivers who are suspected of being under the influence of marijuana or other substances. If you are pulled over and the police suspect that you are high on marijuana or some other substance, there are no penalties or sanctions if you refuse to submit to a blood or urine test. Chemical testing for marijuana or any other substance is only performed on a voluntary basis or if a warrant has been issued by a judge. First, the investigating officer would ask you for your consent to provide a urine or blood sample. If you refuse, then the officer can attempt to obtain a warrant from a judge, based upon probable cause. If a warrant is issued, then you have to comply. It is amazing just how many people, knowing full well they have a substance in their system, agree to voluntarily submit to a blood or urine test. Most people just don’t know they can say no.

Penalties for Driving Under the Influence of Marijuana

Penalty for a conviction will vary depending on whether you have ever been convicted of drugged driving in the past.

For a first conviction, drivers face a fine of between $300 and $500, up to 30 days in jail, and between seven months and one-year license suspension.
For a second conviction, drivers face a fine of between $500 and $1,000, 30 days community service, 2 to 90 days in jail, and a two-year license suspension.
For a third (or subsequent) conviction, drivers face fines up to $1,000, 180 days in jail, and a ten-year license suspension.

If you have been charged with drugged driving, you may also face additional penalties for related charges such as possession of a controlled dangerous substance.

What About Medical Marijuana?

Although New Jersey allows certain individuals to use medical marijuana, just like any other legally prescribed medication, it is still a crime to drive if one’s ability to safely drive a car is impaired by the drug.

Edward M. Janzekovich Defends People Charged with Marijuana DWI/DUI

If you were arrested for driving while impaired by marijuana, we can help. Trusted New Jersey DWI lawyer Edward M. Janzekovich is available to answer your questions and discuss your best defense. Call us today at 732-257-1137 or contact us online today. We serve clients throughout New Jersey, including Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: Driving Under the Influence of Marijuana, Drugged Driving, DWI - DUI, Implied Consent, New Jersey Attorney Tagged With: driving marijuana new jersey, driving under the influence of drugs, driving while high new jersey, dui, DUI – DWI Defense Attorney, dui attorney, dui attorney new jersey, dui lawyer new jersey, dui marijuana, DUI pot new jersey, dwi dui lawyer, East Brunswick DUI Attorney, new jersey dui attorney, new jersey dui drugs

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