Driving while intoxicated (DWI) can have significant consequences under New Jersey law. A conviction will result in the suspension of one’s driver’s license, followed by the mandatory use of an ignition interlock device. It also involves a fine that may range from $250 to $1,000, as well as the possibility…
It might seem like the offense of driving while intoxicated (DWI) in New Jersey requires proof that a defendant was driving a vehicle. This is not correct, though. Police can arrest you if they find you in a vehicle while intoxicated, even if you are not and have not been…
Video evidence can be useful for either side in a driving while intoxicated (DWI) case. Prosecutors may introduce video from a dashboard camera in a police vehicle or an officer’s body-worn camera to corroborate the officer’s testimony about the defendant’s behavior or appearance. A DWI defense lawyer can use footage…
New Jersey’s driving while intoxicated (DWI) law requires the state to prove that a person was impaired by alcohol or drugs while driving or attempting to drive. Police use breath testing to measure a DWI suspect’s blood alcohol content (BAC). Anyone driving on public roads in New Jersey has given…
The offense of driving while intoxicated (DWI) can have severe consequences in New Jersey. Penalties can range from relatively small fines to six months in jail, along with driver’s license suspension and mandatory use of an ignition interlock device. Defending against DWI charges often involves disputing the sufficiency of the…
New Jersey’s driving while intoxicated (DWI) statute provides numerous ways to penalize a person after a conviction. It does less to provide resources and treatment to someone who might be struggling with substance abuse issues. Some states have created pretrial intervention (PTI) programs for eligible DWI defendants to help them…
New Jersey’s driving while intoxicated (DWI) law applies to most motor vehicles, such as cars, trucks, motorcycles, and e-bikes. Riders of non-motorized bicycles are not subject to New Jersey DWI laws. A separate statute addresses operating a watercraft while under the influence of alcohol or drugs. The boating while intoxicated…
The state has the burden of proving guilt in New Jersey driving while intoxicated (DWI) cases. This is a difficult burden to meet. A DWI lawyer’s job, in part, is to challenge the reliability of the methods that prosecutors may use to prove that a defendant was under the influence…
Attorneys representing people charged with driving while intoxicated (DWI) in New Jersey municipal courts can use pretrial motions to give their clients a better chance of achieving a positive outcome. A motion to suppress evidence is one of the most powerful pretrial motions a lawyer can use. It seeks to…
The U.S. Constitution protects people’s rights in court proceedings, particularly cases that can result in jail time and other punishments. This includes driving while intoxicated (DWI) cases in New Jersey and around the country. The Due Process Clauses of the Fourth and Fourteenth Amendments, as interpreted by the courts, require…