New Jersey’s driving while intoxicated (DWI) laws apply to everyone who drives on this state’s public roadways, regardless of whether they reside in New Jersey or have a driver’s license issued here. A driver from New York, Pennsylvania, Delaware, or any other state is subject to all of New Jersey’s…
Many cases involving alleged driving while intoxicated (DWI) in New Jersey begin with the stop of a vehicle by police. The Fourth Amendment to the U.S. Constitution prohibits “unreasonable searches and seizures,” and requires police to obtain a warrant before detaining a person or conducting a search. Courts have identified…
A conviction for driving while intoxicated (DWI) in New Jersey carries several different types of penalties. These range from administrative measures, such as driver’s license suspension, to more punitive actions like fines and possible jail time. Many defendants convicted of DWI must report to an Intoxicated Driver Resource Center (IDRC)…
Drivers in New Jersey are obligated by state law to provide breath samples to police when they suspect driving while intoxicated (DWI). Police throughout the state use a device known as the Alcotest to determine a driver’s blood alcohol content (BAC). We were involved in a case before the New…
A person charged with driving while intoxicated (DWI) in New Jersey might decide to plead guilty, instead of going to trial. Regardless of why they make that decision, the court must follow procedures set by state law that ensure protection of the defendant’s rights. This includes a conversation between the…
New Jersey’s driving while intoxicated (DWI) statute gives prosecutors two methods of establishing that a defendant was too impaired to operate a vehicle legally. They can introduce evidence indicating that the defendant’s behavior and appearance at or near the time they were driving were consistent with intoxication due to alcohol…
A conviction for driving while intoxicated (DWI) in New Jersey can result in a range of penalties, including driver’s license suspension, a fine, use of an ignition interlock device (IID), and possibly even jail time. Under New Jersey law, DWI is classified as a motor vehicle offense rather than a…
The law behind driving while intoxicated (DWI) in New Jersey is more complicated than it might appear at first glance. Multiple court decisions interpreting the DWI statute have held that prosecutors do not have to provide direct evidence that a person was driving. They only need to prove that a…
New Jersey’s court system slowed to a near-halt in March 2020, along with much of New Jersey’s economy, in an effort to fight the spread of the novel coronavirus and the illness it causes, COVID-19. Municipal courts, which hear New Jersey DWI cases, began to resume certain proceedings in April.…
New Jersey prosecutors can use evidence of blood alcohol content (BAC) to prove that a person committed the offense of driving while intoxicated (DWI). Under state law, driving a vehicle on a public road implies consent to breath testing to determine BAC. Refusal to submit to breath testing is a…