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Anatomy Of A DWI Arrest

Anatomy Of A DWI Arrest And What Happens At The Police Station

I. The Stop

II. (i)Time (ii) Reasonable Articulable Suspicion

III. The Inquiry and Responses

Is probable cause developing?

IV. The Documents

(i) Driver’s License; (ii) Registration; (iii) Insurance

(a) Speech, (b) Hand movement.

V. The Suspicion/Questioning

(i) Odor of alcohol? (ii) Admission to consumption.

The Preexist Tests
(i) Instruction (ii) Advisement of Rights

The Standardized Field Side Sobriety Tests-
Opinion: Pass/Fail subjective

The Arrest
Time
(ii) Advisement of rights
The Transport
The Processing/Breath Test
(Alcotest & Results)

Compliance with relevant cases and
State v. Chun, 194 NJ 54,943A2d 114 (2008)
The Release –
John’s Law

1

AREAS OF PRACTICE

What To Expect

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James M. Porfido

Attorney At Law, LLC

31 Washington Street
Morristown, NJ 07960

t: 973.683.1140

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