Under the Influence of Alcohol

Evidence beyond odor of alcohol must exist in order for the judge in Lacey Township or another municipality to find that you were driving under the influence of alcohol. It must be shown that you were intoxicated and this is established per se if you possess a blood alcohol concentration ("BAC") of .08% or more. There are multiple ways that this can be established in order to prove a per se offense for DWI. The attorneys at Law Offices of Jonathan F. Marshall are well versed in all facets of DUI defense. If you are looking for the best opportunity to negate evidence of being under the influence of alcohol (i.e. intoxicated), an attorney at our firm is well equipped to assist you. Our team of DWI lawyers have over a century of experience handling N.J.S.A. 39:4-50 cases in Ocean County and even include the former prosecutor of the majority of municipalities. Matthew Dorry former served as municipal prosecutor in Plumsted, Little Egg Harbor, Stafford, Pine Beach, Beach Haven, Eagleswood, Little Egg Harbor, Jackson, Toms River, Ocean Gate, Beachwood, Ocean Township, Berkeley, Long Beach, Point Pleasant Beach, Surf City, Tuckerton and South Toms River. For a free initial consultation with Matt or another lawyer on staff, call (732) 286-6500.

The effects of intoxication are well documented scientifically. Brain function, logic and motor skills all deteriorate as BAC increases. When this condition reaches the point that a motorist's physical coordination or mental faculties are deleteriously affected, he/she is said to be under the influence of alcohol. The question that follows is when does this deterioration pass into the realm of intoxication for purposes of the New Jersey DWI Law? This threshold is passed if a motorist is intoxicated per se based on a BAC at or above the legal limit of .08% or, alternatively,  based on his/her inability to pass Standardized Field Sobriety Tests. The law concludes that there has been a “substantial deterioration or diminution of the mental faculties or physical capabilities” of a defendant if either of these conditions exist.

If the state can present an admissible breath test or blood test result that reveals a BAC of .08% or more, it has satisfied its burden of proving intoxication. The same holds true if properly administered and scored psycho-physical testing (i.e. field sobriety tests) reveal that a motorist is "under the influence of alcohol." This occurs when they are unable to complete the tests without exceeding the limit of permissible "clues". If you have been accused of DWI based on either discipline, you are clearly well served in retaining an attorney who is skilled in both these areas as they will have the tools to attack these proofs.

Brick is consistently one of the highest yielding municipalities in Ocean County for DWI offenses. Most of those charged with violating 39:4-50 are being pursued based on an allegedly proper breath test reading above the legal limit. Whether the allegations that you were under the influence of alcohol based on a breathalyzer reading, field sobriety tests or a blood sample, you have many defenses that a savvy attorney can pursue on your behalf. The lawyers on our staff welcome the chance to serve you in this role. To discuss the circumstances of your case with a lawyer, call (732) 286-6500.