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Proof of Intoxication

New Jersey Drinking & Driving Defense Attorneys

At the Moriarty Law Firm, we have spent decades defending clients against DWI/DUI charges throughout all areas of New Jersey. Every client is unique to us, and as a result, we spend a lot of time getting to know our clients and the intricacies of each unique case. We understand that defending a DWI case in New Jersey is about more than just a plea agreement. We also understand that we are defending real people with real lives. We do everything in our power to defeat your charges and win your case, as simple as that.

If you have been charged with a DWI or DUI anywhere in New Jersey, call (732) 842-7773 anytime to speak with one of the Moriartys and schedule a free initial consultation. You can also contact us by e-mail. We will respond immediately and look forward to speaking with you.

Proof of Intoxication

After the State proves a valid traffic stop and operation of the motor vehicle, they must then provide proof of intoxication. First, the police officers typically conduct Field Sobriety Tests, such as walking a straight line (“the heel to toe test”) or reciting the alphabet backwards. Under New Jersey law, N.J.S.A. 39:4-50, the legal limit is .08% Blood Alcohol Content (BAC). The typical means of proof of intoxication is through the use of an Alcotest machine. This machine provides your Blood Alcohol Content (BAC) to the arresting officer.

It is the State’s responsibility to establish all the requirements for the admissibility of breathalyzer results including that the breath test operator was legally qualified to do so, the breath test machine was functioning properly, and that the breath test was administered correctly. The New Jersey Attorney General is required to approve the methods of breath testing as well as the training and qualifications of the prospective operators. The individuals who seek to administer these tests must be certified to do so. The certification is essentially a license to administer the test and this operator’s certificate must be provided by the State to show that the operator of the breathalyzer machine was licensed to do so. This is just one of many potential challenges to your driving while intoxicated (DWI) charge.

We have an established comprehensive review process that we undertake for each DWI case. This includes a comprehensive and thorough review of all police reports, lab results, Alcotest results, videos etc.. This enables us to identify key issues and defenses, a method which we have used to successfully defend DWI cases for our clients for many years.

By calling (732) 842-7773 or contacting us by email you are taking the first step toward potentially winning your DWI case and preserving your right to drive and your freedom. Call us today, we are standing by.

Client Reviews

The attorneys of The Moriarty Law Firm are the best criminal defense lawyers in New Jersey. I can see how the over 50 years of combined experience between this family led law firm has initiated the consideration by many, as being one of the top law firms in the US. From the moment I called for a...

Jeremy Thomas

Kevin is professional, knowledgeable, compassionate and he gets the job done. Being a legal sceptic (I used to think they were all crooks) Kevin restored my faith in attorneys. If you have a serious matter, you want Kevin to represent you.


I hired Mr. Moriarty for a delicate professional matter and was very happy with the entire experience. Both he and his support staff were easy to deal with and ultimately, we won!


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