Matthew Reisig

Implied consent means under New Jersey statute N.J.S.A. 39:4-50.2, “Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood.”

The statute only applies when the request is made by a police officer who has reasonable suspicion that the driver is intoxicated, and the samples cannot be taken by force.

What Can Happen If You Refuse Chemical Tests

Drivers can refuse to supply a sample, but refusal carries its own charge.

Drivers have a right to have samples of blood, breath, or urine taken by their own physicians, in addition to those provided to police. Whether those samples will be admissible in a legal case has a lot to do with the timing of the samples.

Alcohol metabolizes relatively quickly in the body, and providing a sample the next morning will likely provide little insight into what was happening the night before.

The bottom line is that if you are driving in New Jersey, you are subject to Implied Consent, and to a particular type of search by police (or refusal) if they believe you are intoxicated.

Being charged with DUI/DWI in New Jersey does not, however, mean that you will be convicted. An experienced DUI/DWI attorney can make a big difference in your case.

Contact An Experienced Implied Consent Attorney In New Jersey

Call Matthew Reisig today at 732-625-9660 and talk to an experienced implied consent defender for free in New Jersey.

Because of New Jersey’s Implied Consent law, the police are not obligated to offer you help from an attorney until you have either submitted to chemical testing like an Alcotest, or refused to do so.

Refusal carries its own separate charge, and does not mean you can’t still be charged with DUI/DWI.

Once you’ve submitted or refused, you may request a lawyer for advice in how to proceed.

Consider this step carefully, because an experience DUI/DWI attorney can act promptly to push back against the allegations that police make, and can question various elements of the evidence against you before a strong case has been built.

The more doubt about the outcome, the less likely prosecutors are to take a given matter to court.

Protect yourself with an experienced New Jersey DUI/DWI lawyer.

Call Matthew Reisig today at 732-625-9660 and speak to an experienced New Jersey DUI attorney for free.

Luckily, DUI and Refusal do not add points to your license in New Jersey, but you can bet that you’ll feel the effects of conviction for many years to come.

Starting with the license suspension you’ll face and the fines and fees that go with conviction, you’ll also find that your auto insurance rates and eligibility for coverage will be affected for as long as a decade.

DUI and Refusal in New Jersey are serious charges that you should treat with extreme care.

An experienced DUI and Refusal attorney can help your case considerably.

It may be possible to have the Refusal charge dropped, which can improve your range of outcomes, or even to beat the charges entirely.

Attorney Matthew Reisig represents drivers in every county in New Jersey, with an excellent record of positive outcomes.

Call him today at 732-625-9660 for a free consultation with an experienced New Jersey DUI and Refusal attorney.

Yes, any conviction carries with it the right to appeal, even DUI/DWI, and the appeals process is a valuable tool in determining whether a particular court or judge is operating within the established norms of procedure, fact, and evidence.

When a judge issues a particularly harsh sentence, or factual elements of a case have been improperly decided, you have grounds to seek relief from appellate judges who oversee the lower courts.

DUI/DWI appeals can be lengthy and costly, but because of the important check they provide on the activities of courts, it is sometimes necessary to challenge a ruling as far as is practical.

When considering a DUI/DWI appeal, it is helpful to keep in mind that the appeals court cannot sentence you more harshly than the original presiding judge, and that if you win on appeal, your sentence may be thrown out entirely.

Matthew Reisig has successfully represented more than 1,000 DUI/DWI cases in New Jersey, and numerous appeals as elements of those cases worked through the system.

He has argued elements of DWI law before the New Jersey Supreme Court. If your DUI/DWI case was improperly handled or decided, call 732-625-9660 to speak to an experienced New Jersey DUI/DWI appeals attorney.