It’s important to realize that someone could get a DWI or DUI and it doesn’t have to be related to alcohol, it could be related to drugs or abuse of prescription drugs.  In those instances obviously a urine test or a blood test is going to be of significant importance.  The state is going to need that evidence to show that there is in face some kind of illegal drug in an individual’s system.

And they’re also going to have to present evidence that the person was intoxicated from that drug, because remember we can’t tell what quality of intoxication from drugs an individual has based on laboratory tests.  That’s got to come from in field testing, sobriety tests, walking the straight line, that sort of thing.  And in New Jersey the test has to be administered by what’s called a Drug Recognition Expert.

So you not only need proof in terms of blood or urine to show that there was drugs in the system, but we have to prove intoxication through this Drug Recognition Expert.  No Drug Recognition Expert we have a pretty good defense to a DWI based on drugs.