It’s certainly possible that if your DWI was routine and no one was injured, there were no children involved, your BAC was under .10, and there were no additional charges for things like reckless driving, that the judge will err on the low end of New Jersey’s mandatory sentencing for DWI if you plead guilty.

This means you’re looking at the lower end of jail time, fines, license suspension, and other penalties, which is preferable to the high end of those penalties, but you’ll still have to face years of increased insurance costs and other problems as a result of the conviction.

You have a right to representation and you have a right to your day in court.

Being charged with a DWI in New Jersey is not the same as being convicted.

Call the New Jersey DWI defense attorneys at Reisig & Associates today at 732-625-9660 for a free consultation.

You can ask, but New Jersey courts don’t have much leeway when it comes to DWI penalties, and even if they did, they have an interest in collecting the money that you’ll be forced to pay.

Everyone has obligations, and the court won’t throw you in the slammer if you can’t fork over a lump sum payment.

Instead, they’ll work out a payment plan with you, and you’ll still have to pay off the entire amount, plus interest, over a period of months or years.

If you fall behind, count on further negotiations to get the money from you.

You’ll probably be sentenced to some community service as well, but the court won’t just double your community service sentence and reduce your fines.

The DWI attorneys at Reisig & Associates can help minimize all of your liabilities in a New Jersey DWI case.

Call us today at 732-625-9660 and learn how we can save you money and time in DWI penalties.

The answer to that varies across the states. New Jersey will notify your home state, but what happens from there is up to their laws.

Some states will suspend your license until New Jersey’s period of suspension is over, while others won’t apply any penalties.

One element that out of state residents sometimes benefit from when they get a DWI in New Jersey is that the charge isn’t considered criminal in nature here.

Many states just don’t have the resources to enforce out of state traffic violations, though DUI/DWI may be a misdemeanor or even a felony when it happens in that state.

If you’ve been arrested for DWI while visiting New Jersey, it’s very important that you find qualified, experienced help from a New Jersey DWI defense attorney.

The team at Reisig & Associates can protect your rights even when you’re at home in another state, and work closely with you to ensure your case is handled with all due care.

Call us today at 732-625-9660 and learn how we can help you.

Luckily, no. Unlike nearly every other state, New Jersey treats DWI as a traffic matter, not a true criminal offense.

But make no mistake – jail time and hefty fines are two outcomes of a DWI conviction, so while you won’t have to worry about it showing up on criminal background checks in the future, you will see lasting impacts on your ability to purchase affordable car insurance, and if you work in a field that requires a CDL, a first-time DWI conviction in a passenger vehicle will keep you off the job for a year.

Fighting a DWI with Reisig & Associates can save you money for years to come, and keep all doors open to you professionally.

Call us today at 732-625-9660 and talk to an attorney for free.

Here is a common situation:

A person gets arrested for DWI. The officer who pulled the individual said he or she was crossing the double yellow line. The individual knows they did not. After asking the individual questions about drinking, they answer yes, they had 3 beers. The officer orders the individual to exit the vehicle. He then directed the individual to perform two tests which were standing on one leg and counting to 30 and walking heel to toe for 9 steps and then back.

After the individual does the tests, which they believe they did satisfactorily, the officer handcuffs the individual and takes him or her to the police station. At the police station, the officer directed the individual to blow into a machine which they refused to do.

Should the individual have also refused to have done the tests outside their vehicle?

This DWI issue above relates to the significance or lack of significance, relating to the performance of field sobriety tests before a police officer charges an individual with DWI. The first fact to point out was not arrested for DWI. DWI is not characterized as a crime or criminal offense in New Jersey. It is the only state in the country that does not criminalize some form of DWI in its statute. Therefore, the proper terminology is that the individual was charged with DWI and taken into custody.

The individual states that they answered the police officer’s questions honestly related to prior alcohol consumption. In this circumstance, that was a mistake. An individual who had been drinking and who is pulled over for a DWI investigation should not be honest with the police officer about prior alcohol consumption.

The police officer has no ability to determine what the driver was doing at any point prior to the officer’s first observation of the individual’s motor vehicle on the roadway. Once the individual admits to prior alcohol consumption, there is an overwhelming likelihood that the officer is going to charge that person with DWI. Consequently, an individual should never admit to prior alcohol consumption when asked by a police officer who is investigating them for drunk driving.

During an investigation for DWI, a police officer will always ask an individual to perform field sobriety tests. Most police officers are not certified to conduct what are known as the “Standardized Field Sobriety Tests.” These are Horizontal Gaze Nystagmus (HGN), the One Leg Stand, and the Walk and Turn test. These Standardized Field Sobriety Tests are promulgated by the National Highway Traffic Safety Administration (NHTSA). Rather, most police officers are given informal training at a police academy and on the job, which is not equivalent to the Standardized Field Sobriety Tests.

Therefore, most police officers administering field sobriety tests are merely subjectively using these tests to determine probable cause for charging an individual with DWI. It must be emphasized that officers who are not trained in the Standardized Field Sobriety Tests are not evaluating the tests with a prescribed set of objective evaluation criteria.

However, some police officers are trained in the Standardized Field Sobriety Tests as promulgated by NHTSA. If the officer has this specialized training, which requires a 5 day, 40 hour course and testing pursuant to the course description, the officer will always utilize the HGN, One Leg Stand, and Walk and Turn tests. These tests can only be objectively evaluated if they are administered in a standardized fashion.

A person cannot objectively successfully perform field sobriety tests unless these standardized tests are properly administered. Simply put, proper performance is dictated by proper administration of the tests. Even experienced police officers who are certified to conduct the Standardized Field Sobriety Tests fail to properly administer such tests. They take short cuts or forget or overlook the standardized instructions.

A top DWI attorney will immediately point out such deficiencies in discovery process of a DWI or on a videotape of the field sobriety tests provided during the discovery process. Very few DWI defense attorneys are certified in the Standardized Field Sobriety Tests. I became certified in such tests in 2002.

In the opinion of any expert who has ever seen me cross examine a police officer concerning field sobriety testing, no New Jersey defense attorney has ever cross-examined police officers concerning these tests than I have. Indeed a cross-examination that I conducted in a DWI trial in a Camden county municipal court in 2006 was actually used as the model for how cross-examine on HGN by another attorney in a Superior Court challenge to HGN.

In the scenario above, the individual felt that they had “satisfactorily” performed the field sobriety tests. There is no ability for a person to make such a conclusion unless they know the experience level of the police officer who is administering these tests. For instance, a police officer not trained in the Standardized Field Sobriety Tests has absolutely no ability to even evaluate a suspect’s performance on field sobriety tests.

The police officer would have no ability or frame of reference to even make such an evaluation. Therefore, the suspect actually performing the balance tests would have no ability to ever determine how the police officer is evaluating the field sobriety tests.

In the event that the police officer is certified in Standardized Field Sobriety Tests, the suspect would have no meaningful ability to determine their own performance unless they were also qualified in the proper administration of the Standardized Field Sobriety Tests.

The bottom line is that field sobriety tests are utilized by police officers in determining probable cause to charge an individual with DWI. In most cases, it is complete guess work on the part of the police officer who is actually administering these tests. The individual suspected of DWI is merely providing evidence against themselves by agreeing to perform the field sobriety tests.

There is no requirement that an individual requested to perform field sobriety tests is obligated to do so. There is no charge for failing to perform field sobriety tests. It simply does not exist. The individual being investigated for DWI feels that they are cooperating with the police by performing such tests. In actuality, the individual suspected of DWI is merely providing evidence against themselves.

Therefore, an individual being investigated for DWI should never perform field sobriety tests at the request of a police officer. Unless you are the world’s best drinker, or an Olympic gymnast, or a professional athlete, you are going to be charged with DWI after you perform these tests. I would than an intoxicated Olympic gymnast and an intoxicated professional athlete would probably also unsuccessfully perform the field sobriety tests. Let us reiterate the overall answer to this question: do not perform field sobriety tests when asked to do so by a police officer.

If you are facing a DWI charge in New Jersey, contact me at 732-625-9660.

An individual convicted of a first offense with a Blood Alcohol Content (B.A.C.) of .15% or higher, the municipal court judge is required to sentence the person to use an Ignition Interlock Device (IID) after they served their mandatory suspension period.

If a first offender is convicted with a B.A.C. of less than .15% or where there is no B.A.C. because the individual refused to provide breath samples, the IID is not a mandatory component of the sentence.

Rather, it is discretionary on the part of the municipal court judge. All second, third, and subsequent offenders convicted are required to have the IDD installed in their vehicle upon conviction when they have served their mandatory period of suspension.

These increased penalites for the IID went into effect on January 14, 2010. There is no question that the IID will remain a component of our DWI statute. In New Jersey, the preset value for the IID is .05%. This is the highest preset value in the country. How does the IID work? An individual would have to blow into the IID before starting the ignition of their motor vehicle. As stated, an individual can have some alcohol in their system when they blow into the IID.

Once the vehicle is started, the individual will be prompted during their driving to then submit an additional breath sample into the IID during the period of driving. The IID remains in the vehicle for a period of time related to whether the Defendant was convicted of a first, second, or subsequent offense. There are nine approved installers of IID devices in New Jersey. All individuals subject to the IID will have to have the device brought back to the dealer every 30 days for calibration. The individual pays a lease to the IID dealer each month for the period of time that it is required to remain in the motor vehicle.

Another important aspect to note with the increased penalties and use of the IID effective January 14, 2010 is that all individuals convicted of Refusal are subject to its provisions. To review, some first offenders of DWI are subject to the IID, all second offenders, all third and subsequent offenders, and all individuals convicted of Refusal.

If you wish to avoid a conviction for DWI, get the best attorney you can find – call me at 732-625-9660 and tell me happened.

DWI Arrest For Drugs Psychiatrist Prescribed

by Matthew Reisig on February 4, 2014

in DWI Strategy & Results

Alcohol intoxication and drug intoxication are contained in this same statute (New Jersey’s DWI statute – N.J.S.A. 39:4-50). Our DWI statute for drug intoxication includes narcotics, hallucinogenics, and habit producing drugs. In many instances, drugs prescribed by a Psychiatrist arguably could be classified as habit producing drugs. On the other hand, they could also arguably be classified as non-habit producing drugs.

This is where an experienced DWI/DUI attorney is necessary for the proper defense of an individual charged under these circumstances. DWI drug intoxication cases are the hardest to prove for the municipal prosecutor. By extension, they are the easiest to defend. The proper way to defend this charge is to hire a top DWI attorney who can evaluate this particular factual circumstance and develop a coherent defense strategy to beat the DWI charge.

In 2012, I was privileged to write an article entitled “DUI Drug Cases: A Defense Perspective”, which was published in Inside the Minds: Navigating DUI Drug Cases. This article gives an overview of all matters pertaining to drug intoxication DWI cases. All drug intoxication cases can be successfully defended. A prescription drug intoxication case should be successfully defended. You need the proper defense attorney, proper expert witness, and the prescribing doctor in order to successfully defend the charge.

The bottom line is that a prescription based drug intoxication DWI charge can and should be successfully defended. If you need a top-notch DWI attorney in NJ, call me.

What Is A Drug DWI In NJ?

by Matthew Reisig on December 30, 2013

in DWI Testing

In the state of New Jersey, a Drug DWI is intoxication caused by a narcotic, hallucinogenic, or other hazard producing drug.

A Drug DWI is similar to a regular DWI in that it involves the intoxication of an individual, but it differs since the intoxication is caused by a drug instead of alcohol.

If you have questions concerning a Drug DWI case or any other incidents pertaining to DWI, contact New Jersey DWI attorney Matt Reisig at 732-625-9786 for a free consultation.

What Is The Blood Alcohol Limit For A New Jersey DWI?

by Matthew Reisig on December 30, 2013

in DWI Testing

In New Jersey, the Blood Alcohol Limit for an individual driving a vehicle is .08%. This means that your blood is made up of .08% alcohol, and any percentage over that number would result in the possibility of being arrested for Driving While Intoxicated.

If you or someone you know has questions regarding DWI or other driving-related legal issues, contact New Jersey Attorney Matt Reisig at 732-625-9786 for a free consultation.

What is the Alcotest?

by Matthew Reisig on December 30, 2013

in DWI Testing

The Alcotest is the breath testing machine utilized exclusively in New Jersey for determining breath alcohol analysis.

It was the subject of a statewide reliability hearing in State v. Chun, 194 N.J.54(2008). It is the only reliability hearing ever decided by a state Supreme Court, and arguably the most important DWI case ever decided in the United States. Mr. Reisig was one of the defense attorneys in the Chun case.

If you or someone you know is involved in a DWI case and has questions regarding legal proceedings, contact New Jersey attorney Matt Reisig at 732-625-9786 for a free consultation.