Vol. L · No. I ·FOL. LI·DWI

The case-type framing. The Hackensack approach (covered separately) presses the probable-cause-for-stop posture. The Teaneck case-type this page describes presses the next analytic frame downstream: field-sobriety test (FST) administration. NJ recognizes three NHTSA-standardized FSTs — Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn (WAT), and the One-Leg-Stand (OLS). Each has a specific instruction-and-administration protocol. Material divergence from the protocol is not just impeachment material; it goes to the validity of the test as evidence. Teaneck Municipal Court handles a meaningful Route 4 corridor enforcement docket, and the FST record on those stops is generally well-preserved on dashcam.

Prior results do not guarantee a similar outcome. FST-validity outcomes depend on the dashcam record and protocol fidelity.

Charge Posture

A first-offense DWI in Teaneck arrives with three potential proof prongs:

1. Per-se BAC prong at 0.08% or above (breath-test reading)
2. Impairment prong based on observation, FSTs, and DRE if any
3. Refusal prong if the defendant declined breath samples

The State may pursue any combination. Where the BAC is borderline and the FSTs are weak, the impairment prong becomes the State’s practical case-in-chief, and the FST validity is dispositive.

Defense Analysis

The NHTSA protocol for each FST has documented administration requirements:

• HGN — three positions per eye (smooth pursuit, distinct nystagmus at maximum deviation, onset prior to 45 degrees); the test is invalidated by certain medical conditions including inner-ear disorders, head trauma, certain prescription medications
• WAT — flat dry surface, audible instructions, proper demonstration; the eight observable cues require specific administration mistakes to remain validly evaluable
• OLS — flat dry surface, leg-raised position with 6-inch elevation, count “one-thousand-one, one-thousand-two,” 30-second duration; balance medical-condition disclosures required

The defense audit catalogs every divergence: an uneven roadside shoulder, instructions cut short, demonstrations skipped, the defendant’s medical disclosures dismissed.

Motion Practice

Where the dashcam shows protocol divergence sufficient to render the test scientifically unreliable, the defense files a motion to exclude the FST evidence. Where the motion is granted, the State proceeds without the FSTs and falls back to lay observations. Where the BAC is also litigable on Alcotest foundation, the combined motion practice can collapse the State’s case.

Resolution Category

In Teaneck-area first-offense matters where the FST record is defective and the BAC reading is borderline or otherwise impeachable, the resolution category is suppression of the FST evidence followed by dismissal of the impairment prong, with any per-se prong addressed separately on Alcotest foundation grounds.

What Avery & Avery Does on a Teaneck DWI

1. Frame-by-frame dashcam audit of every FST administration
2. Medical-disclosure review at intake — what did the client tell the officer? Were prescription medications disclosed and appropriately recorded?
3. NHTSA-protocol motion with the dashcam embedded
4. Cross-examination preparation for the officer’s training record and FST certification — many officers are certified once and never re-certified
5. Sentencing posture focused on the lower end of the first-offense schedule if the motion practice does not yield dismissal

Statute and Case-Law Anchors

• N.J.S.A. 39:4-50 — DWI core statute
• State v. Doriguzzi, 334 N.J. Super. 530 (App. Div. 2000) — HGN admissibility framework
• State v. Maida, 332 N.J. Super. 564 (Law Div. 2000) — WAT and OLS protocol
• State v. Bealor, 187 N.J. 574 (2006) — non-alcohol impairment proof

Free Consultation

For first-offense DWI matters in Teaneck and the Bergen Route 4 corridor:

• Call: (201) 943-2445
• Office: 559 Bergen Boulevard, 2nd Floor, Ridgefield, NJ 07657
• Online: Free consultation request

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