N.J.S.A. 39:4-50-What Constitutes Under the Influence For A DWI?
In order to be found guilty of a DWI, codified as N.J.S.A. 39:4-50(a), the Prosecutor has to establish certain proofs. The language of the DWI statute has been defined as "a substantial deterioration or diminution of the mental faculties or physical capabilities of a person whether it be due to intoxicating liquor, narcotic hallucinogenic or habit-producing drugs." State v Tamburro, 68 N.J. 414, 420-421 (1975). The test for determining being under the influence of alcohol is not fitness or unfitness to drive a car, but rather whether the accused has drank alcohol or ingested drugs to the extent that his or her physical coordination or mental faculties are deleteriously defected. State v. Miller, 64 N.J. Super. 262 (App Div. 1960).
Having defended hundreds of DWI's, the signs that police usually reference to support a conviction for DWI based upon the officer's physical observations are: (1) the smell of alcohol on a person's breath; (2) blood-shot eyes; (3) slurred speech; (4) fumbling for documents; (5) staggering or stumbling; (6) poor driving; and (7) inability to perform field sobriety tests.
The limits of what is considered legally drunk has become so low. I'm practically afraid to take a simple glass of wine at dinner now....
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