The New Jersey traffic offense of driving while intoxicated (DWI) is not limited to intoxication due to alcohol. The state can charge a driver with DWI based on the alleged presence of almost any substance that can cause impairment. A case currently pending in California demonstrates an unexpected example of…
A defendant in a New Jersey driving while intoxicated (DWI) case can appeal a negative outcome, but appellate courts are limited in their authority to review some lower court actions. A recent decision by the New Jersey Superior Court, Appellate Division illustrates two important issues in a DWI defense. The defendant…
In order to prove impairment in a driving while intoxicated (DWI) case, New Jersey prosecutors can present the arresting officer’s testimony about their observations of a defendant and the result of chemical testing that shows a defendant’s blood alcohol content (BAC) shortly after their arrest. Since DWI statutes in all…
The Fourth Amendment to the U.S. Constitution prohibits “unreasonable searches and seizures” by police, requiring them first to obtain a warrant from a judge. The U.S. Supreme Court is currently considering a Fourth Amendment challenge to state laws regarding “implied consent,” by which anyone operating a motor vehicle on that…
Laws in all 50 U.S. states, the District of Columbia, and Puerto Rico state that a person who drives with a blood alcohol content (BAC) of 0.08 percent or higher is presumed to have committed the offense of driving while intoxicated (DWI). This “legal limit” for BAC may be lower for…
In order to prove that a person has committed the offense of driving while intoxicated (DWI), the state must prove impairment by alcohol or another intoxicating substance. Prosecutors can do this in several ways, including blood alcohol content (BAC) based on a blood or breath test. A BAC of 0.08…
A Texas city is facing a major backlog of blood samples collected in driving while intoxicated (DWI) cases. San Antonio subjects DWI suspects to mandatory blood draws if they refuse to submit a breath sample. Police use breath or blood samples to determine blood alcohol content (BAC). A BAC level…
The offense of driving while intoxicated (DWI) includes more than just alcohol. Almost any drug that causes an impairment can lead to a DWI charge. The law in New Jersey and other states specifically sets a “legal limit” for blood alcohol content (BAC), but it does not always specify an…
In prosecutions for alleged driving while intoxicated (DWI), the state often relies on a defendant’s blood alcohol content (BAC), as indicated by a breath or blood test. New Jersey’s implied consent statute imposes penalties on drivers who refuse to submit a breath sample to an Alcotest device. By driving on…
The New Jersey Supreme Court (NJSC) recently reversed a decision by the Superior Court, Appellate Division regarding a warrantless blood draw in a DWI case. The decision, State v. Adkins, applied a 2013 ruling by the U.S. Supreme Court (USSC), Missouri v. McNeely. Many courts had allowed police to take…