In cases involving alleged driving while intoxicated (DWI) in New Jersey, prosecutors must prove all of the elements of the offense beyond a reasonable doubt. The New Jersey DWI statute states that a person commits an offense when they operate a vehicle “while under the influence” of drugs or alcohol.…
Under the laws of New Jersey, driving while intoxicated (DWI) is a motor vehicle offense, rather than a criminal offense. A DWI proceeding still resembles a criminal case in many ways. Just as in a criminal case, prosecutors have the burden of proving every element of the offense of DWI…
In any prosecution for driving while intoxicated (DWI) in New Jersey, the burden of proof is on the state to establish the defendant’s guilt beyond a reasonable doubt. When a DWI case goes to trial, every piece of evidence introduced by both parties must be approved and admitted by the…
New Jersey’s driving while intoxicated (DWI) statute allows the state to prove that a defendant was impaired by alcohol with the results of blood alcohol content (BAC) testing. A BAC of 0.08 percent or higher creates a legal presumption of impairment. Police can determine BAC by testing a sample of…
If you have been charged with alleged driving while intoxicated (DWI) in New Jersey, numerous different defenses are potentially available to you, depending on the facts of your particular case. The prosecution has the burden of proving guilt beyond a reasonable doubt. This means that they must present solid evidence…
Individuals charged with driving while intoxicated (DWI) in New Jersey municipal courts can raise numerous possible defenses against the state’s charges. The Fourth Amendment to the U.S. Constitution, for example, allows defendants to challenge the basis for a traffic stop that led to a DWI charge. If a court finds…
Driving while intoxicated (DWI) is a traffic offense, rather than a criminal offense, under New Jersey law. Most—although not all—of the protections offered in criminal prosecutions by the U.S. and New Jersey Constitutions apply to DWI cases. The guarantee of due process in legal proceedings, found in the Fifth and…
Every defendant charged with driving while intoxicated (DWI) in New Jersey is entitled to a trial by a municipal court judge. If a defendant believes that the municipal court has made an error in its verdict, they can appeal to the New Jersey Superior Court, Law Division. This court has…
The statute defining driving while intoxicated (DWI) in New Jersey establishes two ways for prosecutors to prove guilt. First, they can prove beyond a reasonable doubt that a defendant “operate[d] a motor vehicle while under the influence of” alcohol or drugs. Alternatively, they can show that a defendant operated a…
The Bill of Rights in the U.S. Constitution protects numerous rights against abuses and injustice in criminal cases. Most of these constitutional rights apply in New Jersey driving while intoxicated (DWI) cases, including the Fourth Amendment’s protection of people’s right to be free from “unreasonable searches and seizures.” Identifying violations…