A person’s blood alcohol content (BAC) at the time of an arrest for suspected driving while intoxicated (DWI) is not the only factor police and prosecutors may take into account. Numerous other factors come into play, and a person could be charged with DWI or related offenses even if chemical…
Many states, including New Jersey, have an “implied consent” statute that allows police, in cases of suspected driving while intoxicated (DWI), to collect samples for chemical testing without first obtaining a search warrant, whether the suspect consents or not. This usually involves collecting a sample of the suspect’s breath, but…
A New Jersey Senate committee has approved a bill that would amend the state’s driving while intoxicated (DWI) statute to more specifically address driving while under the influence of inhalants. Supporters dubbed the bill “Kimmie’s Law,” after a teenager who died after a car accident with a driver who had…
A decision issued by the U.S. Supreme Court last year limits the ability of police to take a blood sample from a DWI suspect without consent or a warrant. Missouri v. McNeely, 133 S.Ct. 1552 (2013). The Fourth Amendment protects people from unreasonable searches and seizures, and generally requires law…