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…
Much of New Jersey is currently shut down because of the global COVID-19 pandemic, which has hit this state particularly hard. In some ways, this has slowed enforcement of driving while intoxicated (DWI) laws, but in other ways, New Jersey police are even more on alert. Municipal courts across the…
The Fourth and Fifth Amendments to the U.S. Constitution protect people against misconduct by police and prosecutors. In cases of suspected driving while intoxicated (DWI), New Jersey police are bound by various decisions of the U.S. and New Jersey Supreme Courts that apply these constitutional rights. Police cannot stop a…
The device used for breath testing by New Jersey police in investigations of suspected driving while intoxicated (DWI), known as the Alcotest, has come under significant scrutiny several times in recent years. In order to ensure the accuracy of the results produced by the device, police must perform regular maintenance…