How Can a DWI be Proven in NJ?

Oftentimes when a potential client is sitting in my office and they've been charged with a DWI, they'll ask me, "How can the state prove the charges against me?" Well, a DWI can be proved in two ways. The first way is through what's called a per se violation, or the actual readings from the AlcoTest. The second way that they can prove a DWI against you, if for instance there are no readings, is based on the psychophysical tests that they give you. And there are 3 general psychophysical tests that you will receive. There is the HGN test, uh, where they will ask you to follow an object with your eyes while your head remains in a fixed position.

They will ask you to do a heel-to-toe walk, and they will ask you to do the one-legged foot raise test. Although they cannot use that HGN test to prove your guilt, they can use the other two tests. So if you've been charged with a DWI, contact an attorney immediately.