The Bill of Rights and New Jersey law protect various rights of drivers suspected of driving while intoxicated (DWI). Knowing your rights may help you make informed decisions about what to do — and what not to do — if the police pull you over. Violations of your legal or…
In order to prove guilt in driving while intoxicated (DWI) cases in New Jersey, law enforcement must show that a defendant was under the influence of either alcohol or certain types of drugs. State law allows them to use chemical tests that allegedly show the presence of alcohol or drugs.…
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…
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…
New Jersey has developed an extensive body of law addressing the investigation and prosecution of suspected driving while intoxicated (DWI), at least when the substance in question is alcohol. Testing the amount of alcohol present in a person’s system, known as blood alcohol concentration (BAC), is a highly imperfect process,…
The Fourth Amendment to the U.S. Constitution protects people from “unreasonable searches and seizures” that are not supported by probable cause. It generally requires law enforcement officers to obtain a warrant from a judge before they may conduct a search, seize property, or make an arrest. Courts have identified numerous…
According to recent media reports, the number of convictions for driving while intoxicated (DWI) in New Jersey is decreasing, at least with regard to cases involving alcohol. The decline reportedly might be due to an increase in DWI cases involving marijuana and other controlled substances. New Jersey law provides no…
Police, when investigating suspected driving while intoxicated (DWI) cases in New Jersey, must obtain a warrant, or a suspect’s consent, to collect blood samples under the Fourth Amendment to the U.S. Constitution. The “exigent circumstances” exception allows warrantless searches when taking the time to obtain a warrant would create a significant…