The offense of driving while intoxicated (DWI) includes more than just alcohol. Almost any drug that causes an impairment can lead to a DWI charge. The law in New Jersey and other states specifically sets a “legal limit” for blood alcohol content (BAC), but it does not always specify an…
The Bill of Rights contains numerous important protections for people against possible overreach by the government, especially in prosecutions for alleged offenses. The Fifth Amendment protects a very important right: the privilege against self-incrimination. This means that a court cannot compel a person to testify against themselves in a criminal…
In prosecutions for alleged driving while intoxicated (DWI), the state often relies on a defendant’s blood alcohol content (BAC), as indicated by a breath or blood test. New Jersey’s implied consent statute imposes penalties on drivers who refuse to submit a breath sample to an Alcotest device. By driving on…
A common misconception in driving while intoxicated (DWI) cases involves breath testing and blood alcohol content (BAC). New Jersey’s DWI statute states that a person who operates a vehicle with a BAC of 0.08 percent or higher commits a violation, but this is not the only way the state can…
In some situations, a defendant in a criminal case can claim that their actions were justified under the specific circumstances that existed at the time of the alleged offense, since they were necessary to avoid or prevent a different crime or injury that would have been objectively worse. This is generally…
A prosecution for alleged driving while intoxicated (DWI) in New Jersey usually begins in the municipal court of the city, borough, town, township, or village in which the arrest occurred. A defendant can appeal a DWI conviction for reversible error, abuse of discretion, and other grounds. A July 2015 appellate…
A conviction for driving while intoxicated (DWI) in New Jersey usually results in a driver’s license suspension, with the length of time varying based on the defendant’s blood alcohol content (BAC) and number of prior convictions. Driving while license suspended (DWLS) is a separate traffic offense under New Jersey law,…
The New Jersey Supreme Court (NJSC) recently reversed a decision by the Superior Court, Appellate Division regarding a warrantless blood draw in a DWI case. The decision, State v. Adkins, applied a 2013 ruling by the U.S. Supreme Court (USSC), Missouri v. McNeely. Many courts had allowed police to take…
The defense of “necessity” claims that a person charged with an offense was justified in committing an otherwise unlawful act, and therefore should not face legal penalties. New Jersey law, as interpreted by New Jersey courts, sets a high bar for a defendant claiming necessity, but once a defendant clears…
The New Jersey Supreme Court’s 2008 ruling in State v. Chun is one of the most important decisions affecting the rights of DWI defendants in this state. It caused major changes in how the state uses Alcotest machines to collect breath samples from DWI suspects. Chun also established mandatory procedures that…