General Information

No, refusal is a charge related to violating what is known as New Jersey’s Implied Consent law.

Basically, when you accept a driver’s license in New Jersey, you give consent to provide a chemical sample (usually breath) to police if they believe you are driving while intoxicated.

Field sobriety tests are not part of the implied consent law, but you should understand that refusing them may cause your judge to take a dimmer view of your case.

There are reasons why you may have declined, and it’s important that you have a knowledgeable advocate who can present the facts of your case in the most beneficial way.

Most police officers aren’t certified in administering field sobriety tests, and if things like the weather or traffic conditions made performing them feel unsafe, the court may take a more favorable view of your choice.

Attorney Matthew Reisig has beaten more than 1,000 DWI charges for clients in all New Jersey counties.

Call 732-625-9660 today for a free consultation with an experienced New Jersey DWI lawyer.

It’s possible that you’ll be sentenced to a short stay in jail if you missed your court ordered IDRC detention.

You’ll certainly be called before a judge, which can be a positive if you had a good reason for missing the appointment.

Medical emergencies, family emergencies, other legal issues, and similar reasons can be grounds for rescheduling your detention, particularly if you notified IDRC of your absence as soon as you knew it would happen.

Judges can be unpredictable, so you should consult an experienced DWI attorney to make sure you present the best case possible, and your story is clear and persuasive.

Don’t take chances with jail time when there’s an option to serve your detention.

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

There’s not necessarily a statutory requirement regarding how long an officer can conduct Field Sobriety Tests on a driver.

It is understood that a police officer has to contend with time when it comes to making a judgment about a driver’s intoxication, because the body is constantly metabolising alcohol.

Theoretically, each minute the police spend conducting Field Sobriety Tests increases the odds that chemical testing will reveal a blood alcohol level below the legal limit.

There are certainly cases where drivers allege that police ordered them to conduct Field Sobriety Testing repeatedly, presumably to arrive a pre-determined conclusion and make a DWI arrest.

The driver’s argument is that they passed the Field Sobriety Tests, sometimes repeatedly, and the tests were used in an abusive fashion.

This is an argument that can be made in court, and goes to the heart of the basis of a DWI arrest in New Jersey.

Call attorney Matthew Reisig today at 732-625-9660 and talk to one of New Jersey’s most experienced DWI lawyers for free.

They can, but the results of non-standard Field Sobriety Tests are not admissible in court.

Even authorized Field Sobriety Tests can be fought on a variety of grounds, from medical conditions in the person taking the test to a police officer’s inappropriate administration of the tests.

Authorized Field Sobriety Tests are to be performed under clearly defined protocols, and when the police don’t follow their own rules, the job of a New Jersey DWI lawyer is to fight back.

Field Sobriety Tests are intended to give police a reasonable idea of what’s going on with a driver who may display signs of intoxication, but too often, police use them inappropriately.

They may require the driver to perform the test for longer durations than required, or make a driver repeat a test over and over until eventually they “fail.”

Attorney Matthew Reisig knows how to make inappropriate police procedure a matter for the court to decide.

Call him today at 732-625-9660 and talk to a New Jersey DWI lawyer.