When a person is charged with driving while intoxicated (DWI) in New Jersey, they have two main options for how to respond to the state’s charges. They can enter a guilty plea, or they can fight the charges and go to trial. A defendant might plead guilty to DWI for…
New Jersey’s driving while intoxicated (DWI) statute is not limited to alleged driving while under the influence of alcohol. The law only provides an actual metric for how much alcohol may be present in someone’s system before they are presumed to be legally impaired. For cases involving alleged impairment by…
Driving while intoxicated (DWI) is a serious offense under New Jersey law. A conviction can result in a fine, driver’s license suspension, jail time, and other penalties, depending on various factors. DWI attorneys work hard to make sure the state follows the law and respects their clients’ rights. If a…
In New Jersey, driving while intoxicated (DWI) is a serious offense that can carry significant penalties. A DWI defense attorney’s job is to advocate for and protect their client’s rights with both prosecutors and the court. Often, we are able to get a DWI charge reduced to something less serious,…
In any case involving alleged driving while intoxicated (DWI) in a New Jersey municipal court, the state must prove the defendant’s guilt beyond a reasonable doubt. The New Jersey Rules of Evidence establish what kinds of evidence courts may consider, and what attorneys must do to get their evidence admitted.…
New Jersey’s laws dealing with the offense of driving while intoxicated (DWI) say a great deal about impairment by alcohol, but far less about impairment by other substances. The statute makes it a motor vehicle offense to drive “while under the influence” of alcohol, with blood alcohol concentration (BAC) of…
Police and prosecutors can use blood alcohol content (BAC) evidence to prove that a defendant charged with driving while intoxicated (DWI) in New Jersey was under the influence of alcohol. State law presumes that a person was too impaired to drive safely if their BAC was 0.08 percent or higher.…
New Jersey prosecutors can prove guilt in driving while intoxicated (DWI) cases by presenting evidence showing beyond a reasonable doubt that a person was impaired by alcohol or drugs while operating a vehicle. They can also prove guilt, at least with regard to impairment by alcohol, by showing that a…
A person convicted of driving while intoxicated (DWI) in New Jersey can file a petition for post-conviction relief (PCR). If successful, this will result in the court reopening the case. Since DWI is a motor vehicle offense instead of a criminal offense under New Jersey law, a petition for PCR…
Under New Jersey law, driving while intoxicated (DWI) is a motor vehicle offense that can result in driver’s license suspension, a fine, and a jail sentence. A court may also order someone convicted of DWI to have an ignition interlock device (IID) installed in their vehicle at their own expense.…