Under the laws of New Jersey, driving while intoxicated (DWI) is a motor vehicle offense, rather than a criminal offense. A DWI proceeding still resembles a criminal case in many ways. Just as in a criminal case, prosecutors have the burden of proving every element of the offense of DWI…
The state has the burden of proving guilt beyond a reasonable doubt in New Jersey driving while intoxicated (DWI) cases. A defense attorney’s job, in part, is to identify defects or deficiencies in the state’s case. DWI cases often require a considerable amount of documentation. Under the DWI statute, a…
In order to convict someone of driving while intoxicated (DWI), New Jersey prosecutors must prove beyond a reasonable doubt that the person was impaired by alcohol or drugs. State law allows police to collect breath samples to test blood alcohol concentration (BAC) in suspected DWI cases. Police in New Jersey…
New Jersey’s driving while intoxicated (DWI) statute allows prosecutors to use several methods to try to prove that a defendant was too impaired to operate a vehicle. One of these methods requires test results showing that a defendant’s blood alcohol content (BAC) was 0.08 percent or higher, the so-called “legal…
Driving while intoxicated (DWI) is a traffic offense, rather than a criminal offense, under New Jersey law. Most—although not all—of the protections offered in criminal prosecutions by the U.S. and New Jersey Constitutions apply to DWI cases. The guarantee of due process in legal proceedings, found in the Fifth and…
The Fifth Amendment to the U.S. Constitution protects the right against self-incrimination. The extent of this protection is not always clear, however, and the right to refuse to provide information to police has limits. In driving while intoxicated (DWI) investigations, suspects are often asked to provide breath samples for chemical…
When police detain and question a person on suspicion of driving while intoxicated (DWI), the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution protect that person’s rights. The Fourteenth Amendment officially extended most of the Bill of Rights to state-level law enforcement, meaning that local police are subject to…
New Jersey law allows prosecutors to offer evidence of driving while intoxicated (DWI) in two ways. One way relies on evidence like testimony by police officers about outward signs of intoxication, including appearance and behavior. The second method involves evidence that a defendant’s blood alcohol content (BAC) was above a…
Evidence of a driver’s blood alcohol content (BAC) is a critical tool for prosecutors in driving while intoxicated (DWI) cases. Under the New Jersey DWI statute, a driver with a BAC of at least 0.08 percent is presumed to be impaired. BAC evidence can come from tests on a sample…
Police departments throughout New Jersey use the Alcotest 7110 MKIII-c device to conduct breath tests on individuals suspected of driving while intoxicated (DWI) in order to determine a person’s blood alcohol content (BAC). Accuracy is critical for these devices, since state law imposes penalties based almost entirely on BAC. State law…