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…
Anyone who watches cop shows on television knows the warning police must read to a suspect when they place them under arrest. Known as the “Miranda warning,” after the U.S. Supreme Court’s 1966 decision in Miranda v. Arizona, it is legally required before police may formally interrogate a suspect. The…
The Fifth Amendment to the U.S. Constitution protects the right against self-incrimination. The extent of this protection is not always clear, however, and the right to refuse to provide information to police has limits. In driving while intoxicated (DWI) investigations, suspects are often asked to provide breath samples for chemical…
When police detain and question a person on suspicion of driving while intoxicated (DWI), the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution protect that person’s rights. The Fourteenth Amendment officially extended most of the Bill of Rights to state-level law enforcement, meaning that local police are subject to…
New Jersey law regarding driving while intoxicated (DWI) imposes progressively harsher penalties for multiple convictions. A defendant might not face heightened penalties, however, through “step-down” provisions in New Jersey statutes and caselaw. If enough time passes between convictions, a second offense might be treated as a first offense for sentencing…
The legal standards in New Jersey for proving impairment by alcohol in cases of alleged driving while intoxicated (DWI) are fairly well established. Prosecutors can offer evidence of a defendant’s alleged blood alcohol content (BAC), or they can introduce eyewitness and expert testimony. The DWI statute does not only apply…
Driving while intoxicated (DWI) can affect a person’s life in nearly countless ways. Many potential consequences are not contained in the DWI statute itself. A recent decision by the New Jersey Appellate Division, N.J. Div. of Child Protection and Permanency v. T.S., demonstrates how a DWI case, even when it doesn’t…
A conviction for driving while intoxicated (DWI) typically results in a fine, a period of driver’s license suspension, and possibly jail time. Many states’ DWI laws also require the installation of an ignition interlock device (IID) as a condition of driver’s license reinstatement. A driver with an IID must submit…
Courts in New Jersey encourage both prosecutors and defendants to explore alternatives to taking a case to trial. Most prosecutions in New Jersey do not go to trial, ending instead in a plea agreement, diversion, or dismissal. Defendants charged with criminal offenses may qualify for pretrial intervention (PTI), which allows…