New Jersey’s driving while intoxicated (DWI) law places a great deal of emphasis on a defendant’s blood alcohol concentration (BAC). Police can determine a DWI suspect’s BAC by testing a sample of breath, blood, or urine. Breath testing is the most common method, and New Jersey’s implied consent law makes…
New Jersey’s implied consent law makes it a traffic offense to refuse to submit a breath sample during a driving while intoxicated (DWI) investigation. Because of the wide range of possible consequences for refusal, state law requires police to read a “standard statement” detailing those consequences before requesting a breath…
In order to convict someone of driving while intoxicated (DWI) in New Jersey, prosecutors do not necessarily have to provide direct evidence that the defendant was driving a car. This state’s DWI law, as interpreted by the courts, only requires proof that a defendant had control of a vehicle and had…
In any prosecution by the state, it is critically important that a defendant be able to review any and all evidence that could be used against them in court. A long series of court rulings has established defendants’ right to this evidence. Unfortunately, prosecutors and police are not always forthcoming…
Prosecutors can offer evidence of impairment by several means other than alcohol in driving while intoxicated (DWI) cases, such as illegal drugs, prescription medications, or even certain over-the-counter medications. In one recent DWI case in New Jersey, a defendant claimed that, at the time of her arrest, she was having…
Police and prosecutors in New Jersey must prove that a person charged with driving while intoxicated (DWI) was impaired by alcohol or drugs when they were operating a vehicle. They frequently do this with evidence that a person’s blood alcohol concentration (BAC) was 0.08 percent or higher, but they can…
A defendant charged with driving while intoxicated (DWI) in New Jersey may choose to plead guilty or may face a trial before a municipal judge. If the judge finds them guilty, they may be able to appeal to the New Jersey Superior Court, Law Division, and from there to the…
New Jersey courts have established various rules that protect defendants’ Sixth Amendment rights in driving while intoxicated (DWI) cases. One such rule, established by the New Jersey Supreme Court in 1990 in State v. Laurick, mitigates certain penalties imposed on a DWI defendant if they pleaded guilty in a prior…
The Sixth Amendment to the U.S. Constitution guarantees a trial by jury in criminal cases, but courts have never applied this guarantee to all prosecutions. A defendant charged with a “petty” offense is not entitled to a jury trial, according to a long line of court decisions at both the…
The Fourth Amendment to the U.S. Constitution prohibits “unreasonable searches and seizures” by police, requiring them first to obtain a warrant from a judge. The U.S. Supreme Court is currently considering a Fourth Amendment challenge to state laws regarding “implied consent,” by which anyone operating a motor vehicle on that…