New Jersey DWI Attorney Blog

August 30, 2010

Defining Defense and Prosecution of DWI in New Jersey: State v. Chun

State v. Chun is the biggest most important case in New Jersey DWI history, as it now sets the standards for DWI defense and prosecution throughout the state. It has also set standards across the country, since New Jersey was the first and only state, so far, to challenge the scientific reliability of the new breath testing machine in New Jersey, the Alcotest® 7110 MKIII-C.

I feel very fortunate to have been involved in State v. Chun since it began 2005, when New Jersey began to use the Alcotest® statewide. It has given me perspective and information that I would never have been able to learn from reading the case or the studies on the machine.

August 17, 2010

Alcohol & Drug Treatment: Will it Help My New Jersey DWI Case?

by Evan M. Levow

Long before the New Jersey DWI case is over, clients wonder whether they should go to Alcoholics Anonymous or even into an alcohol or drug rehab facility, and whether that will help their DWI case.

Certainly, if you are having ongoing issues with alcohol or drugs and need help with the situation surrounding alcohol or drug use, you should absolutely seek assistance with the problem.

Whether it helps the DWI case is very different, and should not affect whether to seek help, if help is needed.

August 13, 2010

Work/Hardship License after a New Jersey DWI Conviction

by Evan M. Levow

As a New Jersey DWI lawyer, clients often ask me whether they can get a work license or a hardship license after a DWI conviction. My first answer is that I don’t want to have to get to that situation, and we will do everything we can to prevent that. Our goal is to do the best job that can be done under the circumstances of the case, and, first on that list is to seek to have the DWI dismissed.

It is important, however, to explore all options in the context of a DWI defense, and to understand the implications of all aspects of the prosecution and potential outcomes.

The unfortunate answer to this question is that there are no work licenses or hardship licenses in New Jersey after a DWI. Many states have this option, but definitely not New Jersey. So, during any suspension time imposed in New Jersey, the motorist cannot drive in the state of New Jersey until his/her driver’s license privileges are restored in New Jersey.

August 8, 2010

Challenging Breath Testing in New Jersey DWI Arrests

by Evan M. Levow

As a DWI lawyer in New Jersey, I assure you there are many ways to challenge breath tests in DWI cases.

Just because the machine gives a reading at 0.08% or above, that does not mean that you will automatically be convicted of a DWI in New Jersey.

August 4, 2010

Roadside “Exercises” – Field Tests in New Jersey DWI Arrests

by Evan M. Levow

As a lawyer in New Jersey that practices only DWI defense, I am often amazed at the emphasis that judges place on field sobriety testing in court.

The reality is, according to the government’s own statistics, the roadside exercises are at best 68% reliable in predicting someone to be over the legal limit to operate a car.