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 regarding driving while intoxicated (DWI) imposes progressively harsher penalties for multiple convictions. A defendant might not face heightened penalties, however, through “step-down” provisions in New Jersey statutes and caselaw. If enough time passes between convictions, a second offense might be treated as a first offense for sentencing…
The legal standards in New Jersey for proving impairment by alcohol in cases of alleged driving while intoxicated (DWI) are fairly well established. Prosecutors can offer evidence of a defendant’s alleged blood alcohol content (BAC), or they can introduce eyewitness and expert testimony. The DWI statute does not only apply…
Driving while intoxicated (DWI) can affect a person’s life in nearly countless ways. Many potential consequences are not contained in the DWI statute itself. A recent decision by the New Jersey Appellate Division, N.J. Div. of Child Protection and Permanency v. T.S., demonstrates how a DWI case, even when it doesn’t…
A conviction for driving while intoxicated (DWI) typically results in a fine, a period of driver’s license suspension, and possibly jail time. Many states’ DWI laws also require the installation of an ignition interlock device (IID) as a condition of driver’s license reinstatement. A driver with an IID must submit…
Courts in New Jersey encourage both prosecutors and defendants to explore alternatives to taking a case to trial. Most prosecutions in New Jersey do not go to trial, ending instead in a plea agreement, diversion, or dismissal. Defendants charged with criminal offenses may qualify for pretrial intervention (PTI), which allows…
Post-conviction relief (PCR) allows a defendant to challenge a conviction even after the time period to file an appeal has passed, provided they can assert certain grounds for doing so. Under New Jersey law, a PCR petition must allege a significant violation of a defendant’s legal or constitutional rights, rather…
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…
Under New Jersey’s driving while intoxicated (DWI) statute, a defendant is presumed to be legally impaired by alcohol if their blood alcohol content (BAC) is 0.08 percent or higher. Police in New Jersey commonly use a device known as the Alcotest to collect breath samples, which the device analyzes to…
Chemical testing for alcohol or drugs is a key component of most prosecutions for driving while intoxicated (DWI) in New Jersey. Breath testing is mandatory under state law, but the Alcotest and similar devices can only test for the presence of alcohol. If police suspect driving under the influence of…