New Jersey law imposes numerous penalties for driving while intoxicated (DWI) and related offenses. Penalties like fines, jail time, and driver’s license suspension are fairly well known. Since late 2019, the penalties for all DWI convictions include mandatory use of an ignition interlock device (IID). People with DWI and other convictions must have an IID installed in their vehicle in order to reinstate their license. Interfering with or trying to get around an IID is a separate offense under New Jersey law that can bring additional penalties. This post reviews when state law requires the use ..read more

New Jersey law gives police and prosecutors several methods for proving guilt in driving while intoxicated (DWI) cases. Every driver on New Jersey roads must submit to breath testing if a police officer asks them to do so after arresting them on suspicion of DWI. Police must have probable cause to make an arrest before they can conduct mandatory breath testing. They may ask a person to perform field sobriety tests (FSTs) at the scene of a traffic stop. Unlike breath testing, state law does not require drivers to submit to FSTs. What happens, though, when a driver refuses an officer’s request t ..read more

Operating a vehicle is a significant responsibility, requiring careful attention to your surroundings and the safety of others. Alcohol and many types of drugs can interfere with attention, reaction time, and other abilities that you need when behind the wheel or at the controls. New Jersey treats driving while intoxicated (DWI) as a serious motor vehicle or traffic offense. Other vehicles, including boats and airplanes, also have legal restrictions based on impairment by alcohol or drugs. In 2018, the New Jersey governor signed a bill outlawing the operation of aerial drones while under the i ..read more

New Jersey law does not classify driving while intoxicated (DWI) as a criminal offense. It is a traffic offense only, but still an extremely serious charge with significant potential effects. DWI is a motor vehicle offense in New Jersey that can lead to jail time, fines, and other penalties. Driver’s license suspension is a fairly well-known consequence of a DWI conviction, but that is not the only license it could affect. Other licenses could be subject to suspension, or even revocation. If you are facing DWI charges, a New Jersey DWI defense attorney with knowledge of the law can help you un ..read more

Operating any kind of powered vehicles, such as a car, truck, boat, or airplane, can be dangerous to yourself and others around you. You need a license to drive a motor vehicle on public roads in New Jersey. Driving while intoxicated (DWI) is a motor vehicle offense under New Jersey law that can result in license suspension, fines, and possible jail time. Aircraft can be even more dangerous than cars or trucks, so the requirements for becoming a pilot are far stricter than most types of driver’s licenses. The penalties for operating an aircraft while under the influence of drugs or alcohol — a ..read more

New Jersey’s driving while intoxicated (DWI) law imposes substantial penalties for offenses, including driver’s license suspension, fines, and even jail time in some cases. New Jersey also has a law that deals with boating while intoxicated (BWI) and imposes similar penalties. The similarities do not stop there. Just like with DWI, people who operate certain types of watercraft on New Jersey waterways have given implied consent to submit breath samples to police, which they will use to measure blood alcohol content (BAC). Refusal to submit to breath testing for suspected BWI is a separate offe ..read more

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 (BWI) statute is similar to the DWI law, but not identical. The fact that the two laws have different penalties has some important effects. Courts can use prior DWI convictions to enhance the penalties for a new DWI offense. The New Jersey Appellate Division has held t ..read more

In any New Jersey courtroom proceeding, neither side can present any evidence unless the court has found that it is admissible. Municipal court judges hearing driving while intoxicated (DWI) cases often have to rule on defendants’ motions to suppress evidence that police allegedly obtained unlawfully. They must rule on objections to testimony based on rules about relevance and hearsay. Scientific evidence presents additional challenges, especially when it involves new or unfamiliar techniques or technology. With police around the state preparing to roll out a new Alcotest device in DWI cases ..read more

Police officers in New Jersey use a device known as the Alcotest to determine a person’s blood alcohol content (BAC) in cases of suspected driving while intoxicated (DWI). The model currently in use throughout the state, the Alcotest 7110 MKIII-C, is subject to numerous restrictions established by the New Jersey Supreme Court in 2008. The New Jersey Attorney General recently announced plans to test a newer model, the Alcotest 9510, in some areas of the state. While the Alcotest 9510 has features that appear more “high-tech” than the 7110, its scientific reliability is far from established. The ..read more

In New Jersey, driving while intoxicated (DWI) is a serious offense that can result in significant penalties. A conviction for DWI results in a suspension of your driver’s license, as well as a fine and the possibility of jail time. The state has to follow a lengthy process before the case gets to the point at which you could face a conviction. This process can seem overwhelming to many people. An experienced DWI attorney can help you understand how the process works and what you may do to assert your rights. The following is an overview of what happens during a typical New Jersey DWI arrest ..read more