New Jersey defines driving while intoxicated (DWI) in both general and specific terms. The most straightforward way for the state to prove that a defendant was too impaired to drive is to show that the defendant’s blood alcohol content (BAC) was at or above a certain level. This creates a…
A person commits the offense of driving while intoxicated (DWI) in New Jersey when they operate a motor vehicle while impaired by alcohol or a drug. The DWI statute establishes four levels of penalties. The first two levels apply to first offenses. The remaining levels apply to second offenses and…
New Jersey’s driving while intoxicated (DWI) statute sets multiple levels of penalties, primarily based on a defendant’s number of convictions within the prior decade. Enhanced penalties apply for a second offense within a ten-year period, and again for a third or subsequent offense. A 1999 amendment to the DWI statute…
When the state charges a person with driving while intoxicated (DWI) in New Jersey, prosecutors have the burden of proving each element of the offense. This includes proving that police did not violate the defendant’s rights against unreasonable searches and seizures under the Fourth Amendment to the U.S. Constitution. As…
Driving while intoxicated (DWI) can involve other substances besides alcohol. New Jersey’s DWI statute makes it an offense to drive while under the influence of a “narcotic” or “habit-producing drug.” It does not specify that the narcotic or other drug must be illegal or illicit. Certain prescription medications can significantly…
The New Jersey statute defining the offense of driving while intoxicated (DWI) allows the state to prove impairment by substances other than alcohol. At the same time, it makes it generally easier for the state to prove impairment by alcohol, partially due to the wider availability of technologies for measuring…
New Jersey DWI law identifies multiple levels of penalties for driving while intoxicated (DWI), primarily based on the number of convictions a defendant has during the ten years prior to the current alleged offense. A third or subsequent offense includes a mandatory minimum sentence of 180 days in jail. Municipal…
In prosecutions for alleged driving while intoxicated (DWI) in New Jersey, the state must prove each element of the offense beyond a reasonable doubt. Municipal court judges determine whether prosecutors have met their burden of proof when a case goes to trial. Last year, the New Jersey Appellate Division considered…
Prosecutors in New Jersey must prove every element of the offense of driving while intoxicated (DWI) beyond a reasonable doubt. In cases that rely on breath testing to establish blood alcohol content (BAC), this includes evidence that the equipment used by police met the requirements of state law. Our firm…
Prosecutors in New Jersey may offer two types of evidence to prove guilt in driving while intoxicated (DWI) cases. First, they may introduce testimony from police officers and others who witnessed a defendant’s appearance and demeanor. This may include testimony about field sobriety tests, or testimony from officers trained as…