New Jersey DWI (driving while intoxicated) and related offenses are not considered criminal offenses. Instead, they are classified as traffic offenses, meaning that the maximum penalties, while still potentially quite onerous, are generally not as severe as in many criminal cases. A case involving alleged DWI can include criminal charges when…
In New Jersey, driving while intoxicated (DWI) and most related offenses are not considered criminal in nature. They are instead classified as traffic or motor vehicle offenses. Driving while license suspended (DWLS) is usually a motor vehicle offense, punishable by a fine, driver’s license suspension, and potential revocation of vehicle…
In order to prove that a defendant is guilty of driving while intoxicated (DWI) in New Jersey, prosecutors must establish multiple elements beyond a reasonable doubt. This includes proving that the defendant was operating a motor vehicle while impaired by drugs or alcohol. New Jersey courts have given prosecutors leeway…
New Jersey’s driving while intoxicated (DWI) statute does not limit the offense to alcohol. It also includes any “narcotic, hallucinogenic or habit-producing drug” that might impair one’s ability to drive. The statute makes proving impairment by alcohol rather easier for the state by identifying a specific level of blood alcohol…
The Fourth Amendment’s prohibition on unreasonable searches and seizures applies in all New Jersey driving while intoxicated (DWI) investigations and prosecutions. Defendants can raise Fourth Amendment challenges to numerous aspects of a DWI prosecution, such as a lack of reasonable suspicion before stopping their vehicle, or a lack of probable…
Under the laws of the state of New Jersey, driving while intoxicated (DWI) is a motor vehicle offense rather than a criminal offense. While a DWI conviction can result in serious penalties, including the possibility of jail time, the New Jersey court system does not deal with DWI cases in…
In cases involving alleged driving while intoxicated (DWI) in New Jersey, prosecutors must prove all of the elements of the offense beyond a reasonable doubt. The New Jersey DWI statute states that a person commits an offense when they operate a vehicle “while under the influence” of drugs or alcohol.…
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…
In any prosecution for driving while intoxicated (DWI) in New Jersey, the burden of proof is on the state to establish the defendant’s guilt beyond a reasonable doubt. When a DWI case goes to trial, every piece of evidence introduced by both parties must be approved and admitted by the…
New Jersey’s driving while intoxicated (DWI) statute allows the state to prove that a defendant was impaired by alcohol with the results of blood alcohol content (BAC) testing. A BAC of 0.08 percent or higher creates a legal presumption of impairment. Police can determine BAC by testing a sample of…