Reisig Criminal Defense & DWI Law, LLC

DUI Defense For Every County In The State Of New Jersey

1,402 Of My Clients = NO DWI!*

Available 24 Hours A Day- 1-732-625-9660, 1-888-628-8394

NJ DWI Defense

  • Home
  • Our DWI Wins
  • Practice Areas
    • DUI – DRUGS
    • Driving While Suspended After DWI
    • Breath Test Refusal
    • Underage DWI
    • License Suspension & Revocation
    • Multiple DWI’s
    • DWI Appeals
    • Commercial DWI
    • DUI In The Military
    • Out of State Driver
    • DWI While Boating
  • Q & A
  • Areas Served
    • Delaware River Region
    • Gateway Region
    • Greater Atlantic City Region
    • Shore Region
      • Monmouth County
    • Skylands Region
    • Southern Shore Region
  • DUI FAQ’s
    • Beating A DWI
    • DWI Defense Strategies
    • DWI Penalties
    • Alternatives to Jail
    • DWI Test Refusal
    • Field Sobriety Tests
    • Ignition Interlock Device For DWI
    • Reliability of Breath Tests
    • DWI Glossary & Terms
  • About
    • In The News
  • Contact

As seen on

Reisig DWI & Criminal Defense Law ABC Logo
Reisig DWI & Criminal Defense Law CBS Logo
Reisig DWI & Criminal Defense Law Fox News Logo
Reisig DWI & Criminal Defense Law New Jersey Logo
Reisig DWI & Criminal Defense Law New York Logo
Reisig DWI & Criminal Defense Law New York Post Logo
Reisig DWI & Criminal Defense Law New York Logo
Reisig DWI & Criminal Defense Law NJ Logo

Blog

Can I Make A Plea For Reckless Driving And Avoid A DUI Prosecution In New Jersey?

October 10, 2014 by Matthew Reisig

You probably can’t. Prosecutors in New Jersey are constrained by law in the accommodations they can make when it comes to plea bargains in DUI cases, so you’re likely going to have to choose a plan of attack and go after the DUI charge directly.

It may seem like a big task, but don’t worry.

There are dozens of potential defenses against DUI/DWI in New Jersey, from questioning the probable cause of the original stop and the police account of events prior to your being arrested, to pressing the chain of custody that any samples were put through and questioning Alcotest results.

Winning a DUI case in New Jersey is possible. Attorney Matthew Reisig has helped more than 1,001 clients beat DUI charges.

Call 732-625-9660 today and talk to an experienced New Jersey DUI/DWI attorney for free.

Filed Under: DUI Information

Can’t I Just Plea Bargain With The Prosecutor And Reduce The Charge In My New Jersey DWI?

September 25, 2014 by Matthew Reisig

If you’re facing a DWI (Driving While Intoxicated) charge in New Jersey, you might be wondering if you can negotiate with the prosecutor to have your charge reduced.Can I Reduce My DWI Charge In NJ If I Plea Bargain?

Unfortunately, unlike in many other states, New Jersey has very strict laws that make it almost impossible to plea bargain or negotiate DWI charges down to lesser offenses. Here’s why, and what you can do to protect yourself.

New Jersey’s Strict Approach to DWI

New Jersey has some of the toughest DWI laws in the nation, and state legislators have intentionally designed these laws to make plea bargaining extremely difficult. Prosecutors in New Jersey are typically not allowed to negotiate DWI charges to a lesser offense, like reckless driving or careless driving, as they might in other states. This policy exists because the state aims to enforce DWI penalties as strictly as possible, sending a strong message that drinking and driving won’t be tolerated.

New Jersey’s courts and prosecutors treat DWI cases seriously and are incentivized to pursue convictions. For many prosecutors, DWI cases represent a clear opportunity to demonstrate to their communities and voters that they’re committed to keeping roads safe and reducing drunk driving incidents. By maintaining a strong stance on DWIs, they can show they’re enforcing the law strictly, which often resonates well with voters. So, while the idea of negotiating or pleading down may seem like a reasonable path, the reality is that New Jersey’s laws, along with the prosecutorial approach, create significant challenges in securing a plea deal in these cases.

The Role of an Experienced New Jersey DWI Attorney

Because of New Jersey’s tough stance on DWIs, trying to handle a DWI charge on your own or without a skilled attorney can be risky. When facing a charge that could lead to fines, loss of driving privileges, and potentially even jail time, having a qualified DWI defense lawyer on your side is essential. An experienced attorney can guide you through the legal process, evaluate the specifics of your case, and build a strategy tailored to protecting your rights.

Reisig Criminal Defense & DWI Law is one of the most respected and successful law firms in New Jersey, with almost 30 years of experience defending individuals charged with DWIs. Their team understands the nuances of New Jersey’s DWI laws and has a proven track record of helping clients achieve the best possible outcomes in challenging circumstances. When you work with a law firm like Reisig, you’re not just hiring a lawyer; you’re gaining an advocate who knows the system and has the skills to stand up for you in court.

What an Experienced Attorney Can Do for You

While plea bargaining may not be a realistic option, an experienced DWI lawyer can explore other avenues to defend you. Every DWI case has unique factors, and a skilled attorney will thoroughly examine every detail of your arrest and the evidence against you. Here are some strategies they may consider:

  1. Challenging the Traffic Stop
    An attorney can investigate whether the initial traffic stop was lawful. In New Jersey, law enforcement must have a valid reason to pull over a driver. If your attorney finds that the officer lacked probable cause to stop you, they may be able to have your charges reduced or even dismissed.
  2. Questioning the Accuracy of Field Sobriety Tests
    Field sobriety tests, such as walking in a straight line or standing on one leg, are subjective and can be affected by various factors unrelated to alcohol. If the tests were not administered correctly, your attorney might challenge their validity in court.
  3. Examining Breathalyzer Results
    Breathalyzer devices must be calibrated and maintained correctly to ensure accurate readings. If there is any doubt about the accuracy of your breath test, an experienced DWI attorney can question its reliability. Issues like improper calibration or operator error can sometimes lead to the dismissal of breath test evidence.
  4. Evaluating Blood Test Protocols
    If a blood test was administered, your attorney could examine whether it was conducted according to strict guidelines. Any errors in handling, storing, or processing your blood sample could potentially undermine the test results and benefit your defense.
  5. Identifying Procedural Violations
    Law enforcement officers are required to follow specific procedures when conducting a DWI arrest. If your attorney finds any procedural violations, they may be able to challenge parts of the evidence or get some of the charges dismissed.

The Risks of Not Hiring a DWI Attorney

Without a seasoned attorney to evaluate your case, you could be vulnerable to facing the full force of New Jersey’s strict DWI penalties. Even a first-time DWI offense in New Jersey carries harsh consequences, including hefty fines, license suspension, increased insurance rates, and, in some cases, jail time. Subsequent offenses come with even steeper penalties. Trying to navigate these charges alone could lead to a conviction and the loss of driving privileges, making it difficult to maintain employment, attend school, or handle other daily responsibilities.

A DWI conviction also creates a criminal record, which can have lasting impacts on your life. This record could affect future employment opportunities, insurance premiums, and even housing applications. By hiring a knowledgeable attorney from Reisig Criminal Defense & DWI Law, you’re making an investment in your future and ensuring that every possible defense option is explored.

Choosing Reisig Criminal Defense & DWI Law

With nearly 30 years of experience, Reisig Criminal Defense & DWI Law has been a trusted name across New Jersey for those facing DWI charges. Their firm has a deep understanding of how to navigate New Jersey’s strict DWI laws and has earned a reputation for defending clients effectively and compassionately. The team at Reisig Criminal Defense & DWI Law is committed to providing a strong defense and works tirelessly to minimize the impact of DWI charges on their clients’ lives.

Take Control of Your Defense

If you’re facing a DWI charge in New Jersey, don’t risk facing it alone. Consult with an experienced attorney who knows the complexities of DWI law and has a track record of helping clients achieve favorable outcomes. Reisig Criminal Defense & DWI Law can provide the guidance, support, and expertise you need during this challenging time. Reach out to them today to discuss your case and take the first step toward protecting your rights and future.

More Information About DWI’s, Our Thoughts and Strategies

  • Is It Better To Pay The Fines & Accept The Punishment For A DWI or Pay For A Great Attorney
  • How To Get Driving Privileges After A DWI Conviction In NJ
  • How Come I Didn’t Get A Miranda Rights Warning When I Was Stopped For DWI in NJ?
  • Can You Get A DWI Expunged From Your Record In DWI?
  • If I Plead Guilty To A DWI in NJ, Will The Judge Go Easy On Me?
  • If I Get A DWI In NJ While Visiting, Will I Lose My License Back Home?
  • I Was Arrested For DWI In NJ While On Drugs Prescribed By My Physchiatrist
  • Can I Get A Copy Of The Video Recording That Was Made During My DWI Stop in NJ?
  • Do I Have To Appeal My Conviction For DWI First Before I File For Post-Conviction Relief in NJ?

Filed Under: DWI Strategy & Results

Will My License Be Suspended If I Plead Guilty To DWI In New Jersey?

September 25, 2014 by Matthew Reisig

Yes, if you plead guilty to DWI in New Jersey, even as a first offender, you’re looking at a license suspension of at least three months.

And that assumes that you meet the rest of the terms of your DWI sentence, which will include fines, time in an Intoxicated Driver Resource Center, and up to 30 days in jail.

Whatever the police and prosecutors may have said to you, no DWI charge is an open and shut case, and no penalties can be imposed without a conviction.

There are dozens of defenses that can be used, depending on the facts of your case, and your case isn’t over until the judge rules.

Attorney Matthew Reisig has won more than 1,001 DWI cases for defendants in New Jersey. Call 732-625-9660 today to talk to an experienced DWI attorney for free.

Filed Under: DWI Information

If I Plead Guilty To DUI In Another State, Will New Jersey Treat That As A Prior Conviction In My Current Case?

September 17, 2014 by Matthew Reisig

Possibly. DUI/DWI convictions in other states can be entered as stand-ins in New Jersey proceedings for prior offenses.

There are defenses though. The state will assume that you were convicted (or plead guilty) to driving with a Blood Alcohol Content of .08%, which is the statutory limit in New Jersey.

If that was not proven in your prior case, or you were convicted under circumstances that did not meet that threshold, it may be possible for the out-of-state DUI to be ignored in a DWI prosecution in New Jersey.

The first step in taking care of your DWI issue in New Jersey is hiring the right lawyer.

Attorney Matthew Reisig has represented more than 1,001 DWI defendants who were not convicted.

Call 732-625-9660 today to talk to an experienced New Jersey DWI attorney.

Filed Under: DUI Information

If I Was Convicted Of DWI Fifteen Years Ago, Will I Be Tried As A Repeat Offender In New Jersey

September 17, 2014 by Matthew Reisig

Unlike criminal offenses, the traffic offense nature of DWI means that there isn’t a time period in which an earlier conviction won’t matter to a current prosecution.

However, if more than ten years has elapsed since a first DWI, if you are convicted, the court will sentence you under the guidelines for a first offender.

The past DWI will still appear on your driving abstract and a future DWI will be treated as a third offense, but New Jersey’s ten year step down rule means that you get this small break if you’re convicted of a second DWI after a ten year period has elapsed.

You don’t have to be convicted of DWI in New Jersey. With appropriate representation, you may have more options than you realize, and may even be able to avoid prosecution entirely.

Call attorney Matthew Reisig at 732-625-9660 to talk to an experienced New Jersey DWI attorney free of charge.

Filed Under: DWI Information

If I have a past refusal conviction, can I be charged with DWI as a second offender in New Jersey?

September 10, 2014 by Matthew Reisig

Past Refusal vs. Second-Offender DWI in New Jersey: What Really Counts

If you’ve been arrested for DWI in New Jersey and have a prior breath refusal conviction (but no prior DWI conviction), you’re likely asking one urgent question: “Can I be charged as a second-offender for DWI?”If I have a past refusal conviction, can I be charged with DWI as a second offender in New Jersey?

Short answer:
No. A past refusal does not convert a new DWI arrest into a second-offense DWI. If your only prior is refusal, prosecutors can proceed on the new case as a first-offense DWI only.

That said, refusal isn’t a free pass. Prosecutors often try to use refusal against you—arguing you declined testing because you knew you were intoxicated. Understanding that nuance—and pushing back effectively—is where an experienced DWI defense lawyer makes a real difference.

Key Takeaways (Read This First)

  • Prior refusal ≠ prior DWI. A new arrest is typically charged at the first-offender level if you’ve never been convicted of DWI.
  • Refusal can still hurt. The State may argue your refusal shows “consciousness of guilt.”
  • Penalties matter. First-offense DWI penalties are serious, but generally less severe than a second refusal conviction.
  • Smart defense is critical. From the traffic stop to Alcotest procedures, every step is reviewable.

Why a Prior Refusal Doesn’t Make You a “Second-Offender” for DWI

In New Jersey, refusal and DWI are separate offenses. A refusal conviction punishes the decision not to submit a breath sample under the state’s implied-consent law. A DWI conviction punishes driving while intoxicated. Because they are distinct, a past refusal does not automatically enhance a later DWI to second-offense status.

Bottom line: If your record shows refusal only—and no DWI—the State cannot sentence you as a second-offender for DWI based solely on that refusal.

How Prosecutors Try to Use a Past Refusal Against You

Even though a refusal doesn’t elevate the offense level, prosecutors may argue that you refused because you were impaired. They’ll try to pair that with officer observations—odor of alcohol, balance issues, field tests—to build a case without a breath reading.

A skilled defense challenges:

  • The stop: Was there reasonable suspicion to pull you over?
  • Field investigation: Were instructions clear? Were conditions (weather, footwear, lighting) considered?
  • Refusal warnings: Did the officer properly read the standard statement? Were you given a fair chance to comply?
  • Alcotest readiness: Was the device in service, solutions current, and operator certified?

If any step is flawed, the State’s leverage weakens.

Penalties Snapshot: First DWI vs. Second Refusal (General Overview)

Without diving into minute statutory ranges (which depend on facts like BAC reading, school-zone concerns, and prior history), here’s the big picture:

  • First-Offense DWI
    Expect mandatory fines and fees, education/interlock requirements, potential license consequences, and court-ordered obligations. Consequences increase with higher BAC tiers or aggravating facts.
  • Second Refusal
    Refusal penalties escalate with repeat conduct, often producing harsher license and interlock consequences than a first DWI. That’s why, in the unusual situation where your past is refusal only, being treated as a first-offense DWI today is generally preferable.

Important: Every case is fact-specific. The right attorney can often reduce, negotiate, or beat key elements the State needs.

Defense Angles That Often Matter

A winning DWI defense is detail-driven. Common pressure points include:

  • Stop & Detention: Lack of reasonable suspicion or probable cause can suppress evidence.
  • Standardized Field Sobriety Tests (SFSTs): Were they administered and scored correctly?
  • Body-Worn Camera (BWC): Does the video support or contradict the narrative?
  • Refusal Protocol: Were the implied-consent warnings read verbatim? Did the officer misstate consequences or rush the process?
  • Medical Factors: Asthma, GERD, injuries, or neurological conditions can impact performance and testing.
  • Record Integrity: Police reports, calibration logs, and certification records must be complete and accurate.

What to Do Immediately After a DWI Arrest in NJ

  1. Write down everything you remember about the stop, instructions, and any warnings.
  2. Save receipts and messages from that day; small details can matter.
  3. Avoid discussing the case on social media.
  4. Call a proven DWI defense lawyer before your first court date.

Why So Many New Jersey Drivers Choose Reisig Criminal Defense & DWI Law

For nearly 30 years, Reisig Criminal Defense & DWI Law has been one of New Jersey’s most successful DWI defense firms. The team is known for:

  • Laser-focused DWI practice: Deep knowledge of refusal law, Alcotest procedures, and courtroom strategy.
  • Meticulous case workups: They scrutinize stop reports, video, calibration logs, and implied-consent protocols.
  • Credibility in court: Decades of results statewide and a reputation for thorough, ethical advocacy.
  • Client-first communication: Clear expectations, realistic strategies, and responsive guidance from start to finish.

Free consultation: Call 732-625-9660 to speak with Matthew Reisig—and get a concrete plan for your defense.

FAQs: Refusal & DWI in NJ

Does a past refusal make my new DWI a second offense?
No. If you’ve never been convicted of DWI, a prior refusal doesn’t convert the new DWI into a second-offense DWI.

Can I be convicted of DWI even if I refused?
Yes. The State can proceed using officer observations, video, and other evidence.

Is it ever smart to refuse?
Refusal carries its own penalties and can be used against you. Speak to counsel about your specific facts.

Do I need a lawyer if my case is “first offense”?
Absolutely. First-offense DWI penalties are still significant, and early strategy can change outcomes.

Get Help With Your DWI Related Arrest Today

Arrested for DWI in New Jersey with a past refusal on your record? Get clarity, fast.
Call Reisig Criminal Defense & DWI Law at 732-625-9660 for a free consultation and a tailored defense strategy.

More Information & Strategies Regarding DWI Breath Test Refusals

  • What is Implied Consent in New Jersey DUI/DWI law?
  • How Can I Be Convicted Of DWI If I Refuse To Consent To A Breathalyzer Test In New Jersey?
  • Are There Defenses For Refusal In New Jersey DWI/Refusal Cases?
  • Can I Fight A Refusal Charge In New Jersey If I Was Having An Asthma Attack?
  • If I have a past refusal conviction, can I be charged with DWI as a second offender in New Jersey?
  • Is There Jail Time On A Third DWI Refusal In New Jersey?
  • Is There Jail Time On A Second DWI Refusal In New Jersey?
  • Don’t I Have A Fifth Amendment Right To Refuse Breath Testing In NJ?

Filed Under: Breath Test Refusal

  • « Go to Previous Page
  • Page 1
  • Interim pages omitted …
  • Page 51
  • Page 52
  • Page 53
  • Page 54
  • Page 55
  • Interim pages omitted …
  • Page 67
  • Go to Next Page »

Primary Sidebar

Reisig DWI & Criminal Defense Law Credit Cards
Client Testimonials
Recent Case Results

CONTACT US

  • This field is for validation purposes and should be left unchanged.

CLIENT WINS

Statewide Wins
Monmouth County

- Upper Freehold
- Manalapan Township
- Freehold
- Marlboro Township
- Howell
- Middletown
- Red Bank
- Wall
- Brielle
- Holmdel
- Colts Neck
- Millstone Township
- Neptune Township
- Ocean
- Aberdeen
- Keyport

OTHER HELPFUL INFORMATION

DRUNK BOATING ARREST

Arrested for Driving While Under Suspension After A DWI

TRUCKS

UNDERAGE DWI DEFENSE

DUI DEFENSE – MILITARY PERSONNEL

FAILED FIELD SOBRIETY TESTS

REFUSING DWI TESTS

MULTIPLE ARRESTS FOR DWI

DUID – DUI ON DRUGS

OUT OF STATE DRIVER – DRUNK DRIVING

DWI FOR CDL LICENSE HOLDER

APPEALING A DWI

DRIVING ON A SUSPENDED LICENSE – PUNISHMENTS & PENALTIES

HAVE A QUESTION? TYPE IT HERE.

RESOURCES

FIRST OFFENSE DWI – PENALTIES

SECOND OFFENSE DWI – PENALTIES

THIRD OFFENSE DWI – PENALTIES

CONTESTING A DUI

DWI FIELD SOBRIETY TESTS

AVOIDING A DWI

REFUSAL OF BAC TEST

NJ DWI GLOSSARY & TERMS

RECENT POSTS

  • Who Is the Best DWI Lawyer for Breath Test Refusal Charges in New Jersey?
  • How to Beat a Breath Test Refusal Charge in New Jersey
  • Cost Of Hiring A Lawyer For DWI Breath Test Refusal In NJ?
  • Is Refusing a Breath Test Worse Than Failing It in New Jersey?
  • What’s the Process to Restore My License After a Refusal Suspension in NJ?

OFFICE

Open 8:30am - 6:30pm

ARCHIVES

Categories

FREE CASE REVIEW

No office visit required – we will be happy to talk to you about your situation.
Available 24 Hours A Day
Local: 1-732-786-3554
Toll Free: 1-888-628-8394

Although most of our clients are from Middlesex County, Monmouth County and Ocean County, we have helped clients in EVERY county in the state of New Jersey. Don't hesitate to contact us if you need help.

  • This field is for validation purposes and should be left unchanged.

Reisig Criminal Defense & DWI Law, LLC OFFERS FREE TELEPHONE AND OFFICE CONSULTATIONS AT 732-625-9660.

Main Office: 1 Broad Street Freehold, NJ 07728 - 732*625*9660
Since 1995, we have represented clients in all 21 NJ Counties - Atlantic County, New Jersey (Mays Landing, NJ), Bergen County, New Jersey (Hackensack, NJ), Burlington County, New Jersey (Mount Holly, NJ), Camden County, New Jersey (Camden, NJ), Cape May County, New Jersey (Cape May Court House, NJ), Cumberland County, New Jersey (Bridgeton, NJ), Essex County, New Jersey (Newark, NJ), Gloucester County, New Jersey (Woodbury, NJ),Hudson County, New Jersey (Jersey City, NJ), Hunterdon County, New Jersey (Flemington, NJ), Mercer County, New Jersey (Trenton, NJ), Middlesex County, New Jersey (New Brunswick, NJ), Monmouth County, New Jersey (Freehold, NJ), Morris County, New Jersey (Morristown, NJ), Ocean County, New Jersey (Toms River, NJ), Passaic County, New Jersey (Paterson, NJ), Salem County, New Jersey (Salem, NJ), Somerset County, New Jersey (Somerville, NJ), Sussex County, New Jersey (Newton, NJ), Union County, New Jersey (Elizabeth, NJ), Warren County, New Jersey (Belvidere, NJ)

*The reference to 1,402 cases without a DWI conviction applies to cases prior to November 1, 2018. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.
** We have an 82% Winning Percentage at Trial from 2012 through 2017, likely the best in NJ during that time.

Privacy Policy

©2026 All Rights Reserved

Law Firm Internet Marketing by The Attorneys ATM

Reisig DWI & Criminal Defense Law Credit Cards