Are there different types of DWIs in New Jersey?
Yes, there are several. The following is a list: • DWI based on breath samples from an Alcotest (New Jersey’s newest breath testing machine). • DWI based on breath samples from a breathalyzer which will soon be as extinct as the dinosaur (New Jersey’s old instrument still used in 3 counties and some State Police barracks). • DWI/Refusal where the individual allegedly refuses to provide breath samples or the operator deems the defendant’s breath samples to be inadequate. • DWI blood case where the prosecution’s proofs depend largely upon blood samples taken at a hospital upon request by law enforcement and ultimately tested at a state police laboratory to determind blood alcohol concentration. These cases typically arise in the event of a motor vehicle accident. • DWI based on the individual being under the influence of a narcotic, hallucinogenic, or habit-producing drug. These are very interesting cases where the prosecution’s theory is that the person was high on drugs rather than int
