In New Jersey, it is unlawful to drive while under the influence of any intoxicating substance. Thus, a person who is impaired due to the use of illicit drugs may be charged with a DUI offense. The field sobriety tests for determining whether a person is impaired due to the…
When the police suspect that a person is driving while intoxicated, they will often administer a breath test. If the machine used to conduct the test does not comply with the parameters defined by law, though, a DWI defendant may be able to argue that the results are inaccurate and…
Many people who are charged with DWI offenses are able to avoid the stress and risks associated with a criminal trial by entering into pre-trial intervention (PTI). PTI is not a right, however, and many people who apply for PTI are rejected. Recently, a New Jersey court explained the grounds…
People charged with second-offense DWI crimes in New Jersey often face the risk of substantial penalties if they are convicted. As such, in some instances, they will plead guilty in hopes of being granted a reduced sentence. It is within the court’s discretion to determine an appropriate sentence, however, and…
People who are charged with third-offense DWI crimes are often rightfully concerned that they may face significant penalties, including jail time if they are convicted. As such, in some cases, people charged with third-offense DWIs may attempt to have earlier DWI convictions vacated on the grounds that they were not…
Generally, the police need a warrant to search a person, and searches conducted without a warrant are often unconstitutional. The courts have determined that blood draws in DWI cases constitute searches, and absent exigent circumstances, compulsory blood tests without warrants are impermissible. If the police take a blood sample from…
Typically, the police must harbor a reasonable suspicion that a person is engaging in unlawful activity to effectuate a traffic stop. As such, if they stop a person without just cause, any evidence obtained during the stop may ultimately be deemed inadmissible, making it very difficult for the prosecution to…
While many DWI charges rely on the defendant’s blood-alcohol level to prove guilt, not all do. In fact, a defendant can be found guilty of DWI despite the lack of chemical testing. The evidence presented must nonetheless be sufficient to demonstrate that the defendant operated a vehicle while impaired. Recently,…
Under New Jersey law, all criminal defendants, even those charged with DWI, are innocent until proven guilty and have numerous rights from the time the matter is under investigation through the resolution of their case. For example, a DWI defendant has the right to a speedy trial, and if the…
Not all DWI charges are based on a driver’s blood alcohol level at the time of the arrest. Instead, many DWI charges and convictions arise out of the fact that the arresting officer observed the defendant operating a vehicle while in an impaired state. Regardless of the nature of the…