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Subjective evidence in a drunk driving case

Despite the stereotypes that abound, it is not uncommon for a very responsible person in New Jersey to end up facing a charge of driving while intoxicated. If this has happened to you, it is important that you educate yourself about the arrest process so you know how to best proceed through your defense. One thing you should know is how much subjective evidence may be collected and used against you.

As explained by, before you are arrested, the officers involved will be making notes about several things that may later be included in their report as evidence that you were impaired. These include the appearance of your eyes, the manner in which you speak and any smell of alcohol. You might have had bloodshot eyes but that does not mean you were drunk as this can result from a lack of sleep or other reasons. A person’s speech may be less articulate than other’s for medical reasons. The smell of alcohol alone does not prove intoxication as it is actually legal to have some alcohol and still drive.

You should also know that the three field sobriety tests are far from completely accurate. Their accuracy rates range from 65 percent on the low end to only 77 percent on the high end.

If you would like to learn more about how to protect and defend yourself after being charged with a driving while intoxicated offense, please feel free to visit the field sobriety test page of our New Jersey criminal and drunk driving defense website.

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