In New Jersey, driving while intoxicated (DWI) is a serious offense that can result in significant penalties. A conviction for DWI results in a suspension of your driver’s license, as well as a fine and the possibility of jail time. The state has to follow a lengthy process before the…
The Bill of Rights and New Jersey law protect various rights of drivers suspected of driving while intoxicated (DWI). Knowing your rights may help you make informed decisions about what to do — and what not to do — if the police pull you over. Violations of your legal or…
A case involving alleged driving while intoxicated (DWI) can have many possible outcomes, ranging from the dismissal of all charges to a conviction after a trial before a municipal court judge. Even then, a defendant might still have the right to appeal or to seek post-conviction relief. Like any kind…
Attorneys representing people charged with driving while intoxicated (DWI) in New Jersey municipal courts can use pretrial motions to give their clients a better chance of achieving a positive outcome. A motion to suppress evidence is one of the most powerful pretrial motions a lawyer can use. It seeks to…
The U.S. Constitution protects people’s rights in court proceedings, particularly cases that can result in jail time and other punishments. This includes driving while intoxicated (DWI) cases in New Jersey and around the country. The Due Process Clauses of the Fourth and Fourteenth Amendments, as interpreted by the courts, require…
When police are investigating a person suspected of driving while intoxicated (DWI), they must follow procedures designed to safeguard people’s constitutional rights. The Fourth Amendment to the U.S. Constitution requires police, with some exceptions, to get a search warrant before conducting a search of a person or their property. Evidence…
Police and prosecutors have several ways to prove that a person was impaired by alcohol in driving while intoxicated (DWI) cases. New Jersey law requires any driver to cooperate with some of these methods, such as breath testing. Other methods are not mandatory, but refusal to cooperate could work for…
The Sixth Amendment to the U.S. Constitution guarantees the right to a “speedy trial” in criminal prosecutions. The state cannot make you wait an unreasonably long time, possibly while you remain in custody, to have your day in court. Although driving while intoxicated (DWI) is not considered a criminal offense…
Prosecutors who handle New Jersey driving while intoxicated (DWI) cases must prove that a defendant is guilty beyond a reasonable doubt. They present evidence in order to establish that a defendant was under the influence of alcohol or drugs. In order to counter this evidence, a defendant may need to…
In order to prove guilt in driving while intoxicated (DWI) cases in New Jersey, law enforcement must show that a defendant was under the influence of either alcohol or certain types of drugs. State law allows them to use chemical tests that allegedly show the presence of alcohol or drugs.…