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Totowa NJ DWI Defense Lawyer: Explaining Proof of Intoxication in DWI Cases

DWI and DUI Defense Attorney in Passaic County, New Jersey

In New Jersey, a police officer may administer a field sobriety test after making a traffic stop. After administering the field sobriety test, the officer may request that the driver submit to a breath test. In most DWI cases, NJ prosecutors use the results of these tests to prove that a defendant’s blood alcohol content (BAC) was .08% or higher, the minimum for a DWI violation in New Jersey.

If you’ve been charged with a DWI in New Jersey, you are going to want to speak to a DWI attorney. Alissa D. Hascup is an aggressive and experienced DWI defense lawyer. She has successfully defended numerous clients charged with alcohol-related offenses such as first offense DWI and refusal to submit to a breath test throughout New Jersey, including in Wayne, Clifton, Paterson, and Totowa.

Ms. Hascup is also a former municipal prosecutor who regularly handled DWI trials. This gives her a huge edge in your case because she is able to anticipate the other side’s arguments.

Contact Alissa Hascup today for a free consultation about your DWI case, and continue reading this page for more information on the standards for proof of intoxication in New Jersey.

Elements of a New Jersey DWI Case: Proof of Intoxication

Breath Test Readings: Alcotest 7110 Breath-Testing Device

In most cases, NJ prosecutors use breath-test readings to establish proof of intoxication. More specifically, prosecutors use breath-test readings from the Alcotest 7110 breath-testing device. Law enforcement officers use the Alcotest 7110 to determine a driver’s blood alcohol content (BAC), and prosecutors use the results to facilitate drunk-driving prosecutions.

The Alcotest 7110 device is manufactured by Draeger Safety. Alissa Hascup knows the ways in which police officers are NOT supposed to operate the Alcotest 7110. In your case, Ms. Hascup will utilize her expertise to challenge the admissibility of breath-test results. She knows how to beat your DWI charge because she has got the training and experience needed to challenge the evidence against you.

Field Sobriety Tests

Even when the State lacks valid breath-test readings, the prosecution can still prove a DWI charge based on the observations of law enforcement officers and the defendant’s performance on field sobriety tests. In the absence of breath test results, field sobriety test results can be critical to the prosecution’s case.

The most common field sobriety tests used in DWI cases are:

  • The Horizontal Gaze Nystagmus Test (also known as “the HGN Test”). When administering this test, the police officer observes the driver’s pupil as it follows a moving object.
  • The Walk-and-Turn Test. For this test, the driver completes heel-to-toe steps while walking. In order to be valid, this test must be performed on a hard, dry, and level surface.
  • The One-Leg Stand Test. For this test, the driver lifts one foot off the ground while pointing to his or her toes. This test must also be performed on a hard, dry, and level surface.
  • Counting Backward and Forward.
  • Head-Tilt Test.
  • Finger-to-Nose Test.
  • Reciting the Alphabet.

Observations of the Officer

A police officer’s observations of a driver’s physical behavior can also serve as probable cause for a DWI arrest. This behavior can include:

  • Blood shot and watery eyes.
  • Slurred speech.
  • An odor of alcohol.
  • Slow and deliberate physical movements.
  • Admissions made by the driver, including an admission to drinking prior to operating the motor vehicle.

Ask a Totowa NJ DWI Lawyer about Your DWI Charges

If you or a loved one has been charged with a DWI, call or email Alissa Hascup so she can review the evidence in your case and formulate a strategy to help you.

Contact Us

If you are facing criminal charges in New Jersey, you want a battle-tested, aggressive criminal defense attorney on your side. Alissa D. Hascup will protect your rights and your freedom. She is highly skilled and incredibly motivated and puts clients first – always.

Please contact Ms. Hascup’s office today to request a free initial consultation about your criminal charges. She will review the facts of your case, answer your questions, and explain how she can best defend you.

Ms. Hascup can be reached 24/7. For your convenience, she offers night and weekend appointments, as well as virtual appointments.

Courts We Serve

In Passaic County, including Paterson, Clifton, Wayne, Passaic, West Milford, Hawthorne, Little Falls, Pompton Lakes, Ringwood, Woodland Park, Wanaque, Totowa, North Haledon, Haledon, Bloomingdale, and Prospect Park, in Morris County, including Morristown, Parsippany, Denville, Randolph, Rockaway, Madison, Boonton, Dover, East Hanover, Montville, Lincoln Park, Pequannock, Butler, and Riverdale, in Essex County, including Newark, East Orange, West Orange, South Orange, Irvington, Bloomfield, Montclair, Belleville, Nutley, Maplewood, Millburn, Verona, Cedar Grove, West Caldwell, Glen Ridge, Fairfield, and Roseland.


999 Riverview Drive

Totowa, NJ 07512

165 East Main Street

Denville, NJ 07834