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In New Jersey, there are no groups who can’t legally provide samples for the Alcotest device, but the New Jersey Supreme Court has carved out an exception for women over the age of 60.

This group may be medically unable to provide the necessary 1.5 liters of breath, twice, that the Alcotest needs in order to provide police with what it considers to be a reliable BAC reading.

The effect of this carve out is that the Alcotest results may be questioned in court.

Or, if the defendant has been charged with refusal for failing to provide an adequate sample even when she tried to provide one, there are strong grounds to have the charge dismissed.

Matthew Reisig is one of New Jersey’s most experienced DWI attorneys, with more than 1,001 wins for New Jersey drivers. Call him today at 732-625-9660.

Police in New Jersey are trained in using just three field sobriety tests, and any other “sobriety testing” performed beyond that is likely to be inadmissible in court.

The first test is call the Walk and Turn Test, which is intended to test a person’s ability to perform a physical test (walking in a straight line, turning in a prescribed manner, then walking back) while performing mental tasks like remembering instructions at the same time.

The second approved test is the One Leg Stand test, where a subject is given a lengthy instruction to raise one of their feet, watch it, and count out loud. The officer then watches the subject for evidence of swaying, loss of balance, slurred speech, and other signs of intoxication.

The third test is called the Horizontal Gaze Nystagmus, where the officer will instruct a subject to follow an item with his eyes, but not move his head. From there, the officer will watch for signs of involuntary motion in the normal movement of the eye, a sign of possible alcohol intoxication.

Regardless of the results of any field sobriety tests performed, there are defenses.

Attorney Matthew Reisig has beaten DWI charges in New Jersey more than 1,001 times. Call him today at 732-625-9660 for a free consultation.

Choosing the right defense attorney to protect you from DUI/DWI charges in New Jersey can feel overwhelming.

First, you’re dealing with the embarrassment of having been arrested for DWI, and almost immediately you’re required to choose between hundreds of law practices all angling to represent you – without knowing anything about how they operate.

Here are some things to consider when hiring a lawyer for your DWI issue in New Jersey:

First, look for a firm that operates statewide. Attorneys who work in courthouses across New Jersey usually have good working relationships with law enforcement, prosecutors, and judges in those jurisdictions and knows how they tend to operate.

This can help you attorney develop the right case you.

Second, look for a lawyer with a strong record of wins.

Prosecutors hate to lose, and when you hire a lawyer they know can punch holes in their case, they’re more likely to want to work something out.

But if something can’t be worked out, having a winning attorney never hurts.

Third, look for an attorney who knows New Jersey DWI law inside and out.

Matthew Reisig has argued technical elements of New Jersey DWI law before the New Jersey Supreme Court, and has represented clients all across the state, winning more than 1,001 DWI cases for his clients.

Call him today at 732-625-9660 for a free consultation.

It may have been lawfully obtained. Recent case law dictates that police are required to obtain a warrant (or get the driver’s consent) before drawing blood.

Upon arrival at the hospital unconscious, medical personnel would have had to take blood for analysis, and if police presented a warrant for an additional blood draw, the hospital would have provided it.

If you don’t know whether a warrant was obtained, there are ways to find out.

This is certainly one area where a strong defense team can examine evidence and question the means by which it was gathered.

If you have been in an accident and had blood drawn without your express consent, you may have cause to defeat a DWI charge in New Jersey.

Even if a warrant was obtained, a number of defenses exist.

Call attorney Matthew Reisig at 732-625-9660 for help right away.