New Jersey DWI Lawyer Blog

May 25, 2017

Appealing a DWI Conviction in New Jersey

Being formally convicted of a DWI is a very serious matter that can have adverse and far-reaching consequences for many aspects of your life. If you have been convicted of a DWI, you may be able to appeal the decision in certain situations. An experienced New Jersey DWI attorney can assess the merits of your case and help determine whether you have sufficient grounds for an appeal. Our firm has handled many DWI cases, and you can rest assured that we know how to navigate these types of situations.

Under New Jersey law, the offense of driving while intoxicated consists of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or greater. Individuals under the age of 21 will be charged with a DWI with a BAC of 0.02 percent. For commercial drivers, the legal limit is 0.04 percent or higher.

An individual convicted of a DWI in New Jersey can appeal his or her conviction. When a defendant appeals a conviction, he or she is asking a higher appellate court to review the case for legal or procedural errors. It is important to note that the appeals procedure is time-consuming and requires a lot of paperwork. In addition, strict deadlines need to be met, or you will lose the right to appeal.

May 18, 2017

How a New Jersey DWI can have Serious Immigration Consequences

by Jonathan F. Marshall

DWI charges can have serious consequences for anyone’s life, but the consequences can be much greater if the person who gets charged is not a citizen of the United States. Undocumented immigrants and U.S. citizens alike can benefit from a skilled New Jersey DWI attorney when facing these types of circumstances.

A person will be charged with driving while intoxicated (DWI) in New Jersey if he or she is found to be operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or more. Individuals who are convicted of a DWI face numerous penalties, such as fines, imprisonment, license suspension, and more.

In general, there are two types of visas: immigrant and non-immigrant. The former allow people to live here, work, pay taxes, and benefit from U.S. programs until they eventually naturalize and become citizens. The latter allow people to come to the United States for a limited purpose and time frame, such as a job. While a person’s green card is less susceptible to revocation, federal immigration law allows for non-immigrant visas to be denied or revoked much more easily. While a non-immigrant visa holder whose visa has been revoked will have the opportunity to offer evidence as to why they should be allowed to stay, Department of Homeland Security officers make the ultimate decision.

May 11, 2017

Legal Limit Not Always Required to Prove New Jersey DWI

by Jonathan F. Marshall

A DWI charge can have serious consequences for many aspects of your life, including your job, housing, and reputation. If you have been charged with a DWI, you need a skilled New Jersey DWI attorney to protect your rights. Time is of the essence, so it is important to act quickly. We are here to answer your questions and address your concerns.

Under New Jersey law, driving while intoxicated (DWI) consists of a person with a blood alcohol concentration (BAC) of 0.08 percent or greater operating a motor vehicle. An individual who holds a commercial driver’s license is held to a much higher standard as a professional driver. These drivers will be driving while intoxicated if their BAC is 0.04 percent or higher. Drivers under the age of 21 will be considered to be legally impaired if their BAC is 0.02 percent or higher.

It is important to note that New Jersey law permits prosecutors to establish a DWI charge in many different ways. Typically, the strongest evidence comes in the form of BAC, which is discovered through a breath, blood, or urine test. However, prosecutors can also submit witness testimony, specifically testimony by an arresting officer and any other individuals who saw or interacted with the defendant at the time of the arrest. The New Jersey Supreme Court has ruled that no precise expertise is needed to develop an opinion that an individual is drunk based on observations of that individual.

May 4, 2017

People Convicted of DWI Lose Their Driver’s License Entirely in New Jersey

by Jonathan F. Marshall

Driving is a privilege, rather than a right. Losing your driver’s license as a result of a DWI can have far-reaching consequences for your life. In fact, your ability to drive to work or school and even to do day-to-day tasks can automatically be limited. If you have been charged with a DWI, you should reach out to a skilled New Jersey DWI attorney who can assess the details of your case. You can trust that we will work diligently to try to get the charges against you dismissed or at least minimize the penalties you may be facing.

In New Jersey, the basic offense of driving while intoxicated consists of operating a motor vehicle with a blood alcohol concentration of 0.08 percent or above. If your blood alcohol is determined to be this amount or higher, the state can prove the case under what is known as a per se violation. A per se violation is an act that is in itself an offense against the law and results in automatic liability. In the context of a DWI, a per se violation would mean that the individual has violated the DWI statute in the state by having a BAC over the legal amount.

Under New Jersey law, those convicted of driving while intoxicated face a license suspension and, unlike in other states, are not eligible for any type of temporary or conditional license that would allow them to drive to work. If your license is suspended, you will not be allowed to drive under any circumstances. There are no exceptions to this rule.

April 27, 2017

Blood Tests in New Jersey DWI Cases

by Jonathan F. Marshall

If you have been charged with a DWI based on a blood sample that you were forced to provide, you need to know your rights. An experienced New Jersey criminal defense attorney can help you do just that. A conviction for driving while intoxicated (DWI) can have long-lasting effects on your ability to drive or be insured. This is why it is vital to act quickly to develop a strong criminal defense.

Drunk driving is a big problem in New Jersey and throughout the United States. According to the Centers for Disease Control and Prevention, about one in three traffic deaths involve a drunk driver. Between 2003 and 2012, approximately 1,816 people were killed in crashes involving a drunk driver in New Jersey. While it is a serious issue, there are also cases in which an individual is unfairly convicted of a DWI based on shoddy evidence, such as a faulty blood test.

Prosecutors usually rely on a defendant’s blood alcohol content (BAC) to establish that he or she was driving while intoxicated (DWI). The basic offense of a DWI in New Jersey consists of an individual operating a motor vehicle with a BAC of 0.08 percent or higher.

April 19, 2017

Driving Under the Influence of Drugs in New Jersey

by Jonathan F. Marshall

Driving under the influence of drugs, legal or illegal, can be a serious offense in New Jersey. If you or someone close to you has been arrested for driving under the influence of drugs (DUID), it is important to reach out to an experienced New Jersey DUID attorney who can help you understand your rights. A conviction for driving under the influence of drugs can have serious and far-reaching consequences for your life. Don’t let this type of charge stain your clean record.

Under New Jersey Statute 39:4-50, drugged driving laws prohibit “any narcotic, hallucinogenic or habit-producing drug.” Illegal drugs, over-the-counter medication, and prescription medication can all form a basis for a New Jersey drugged driving charge, since all of these have the potential to impair an individual’s ability to drive, just as alcohol does. If you have a medical condition that necessitates the use of a banned substance, you must establish that it did not impair your ability to drive, or you must not drive.

According to the National Institute on Drug Abuse (NIDA), drugged driving can have the same effects as drunk driving, putting others on the road at risk. According to one NIDA report, a nationwide study of deadly motor vehicle crashes found that almost 50 percent of the drivers who had tested positive for drugs had consumed a prescription drug, such as a painkiller or anxiety medication. The National Highway Safety Traffic Administration reports that in a recent survey, nearly one in four drivers tested positive for at least one drug that could affect safety.

April 14, 2017

Urine Testing in New Jersey DWI Cases

by Jonathan F. Marshall

When a driver is arrested on suspicion of driving while intoxicated (DWI), police will conduct a chemical test to measure the driver’s blood alcohol content (BAC). Urine testing is one chemical way that New Jersey police can determine whether a driver was over the legal alcohol limit while driving. Urine testing, however, can be highly inaccurate. If you or someone close to you is facing a DWI charge based on a urine test, our seasoned DWI attorneys may be able to challenge the results.

The National Institute of Drug Abuse found that more than 20 percent of the labs that process urine tests for the presence of drugs and alcohol have reported “false positives.” This means that about 20 percent of the labs reported the presence of drugs or alcohol in drug- or alcohol-free urine samples. BAC results in urine tests are typically inflated because the concentration of alcohol is approximately 1.33 times the concentration of alcohol in blood. Unsurprisingly, New Jersey courts consider urine testing the least scientifically reliable form of chemical test.

Under New Jersey law, the basic offense of a DWI consists of an individual operating a vehicle with a BAC of 0.08 percent or greater. It is important to note that even if your BAC is below 0.08 percent, you can still be convicted of a DWI if your ability to drive was impaired. Essentially, you should not get behind the wheel if your ability to drive has been negatively affected by any substance.

April 7, 2017

Examining ‘Probable Cause’ in New Jersey DWI Stops

by Jonathan F. Marshall

DWI charges in New Jersey must stem from a lawful traffic stop. If you have been arrested or charged with a DWI, it is important to reach out to a hard-working New Jersey DWI attorney who can assess the merits of your case. Depending on the circumstances of your arrest, we may be able to challenge the legality of the traffic stop. You can rest assured that we are committed to protecting your rights at every step of the way.

A police officer must have probable cause in order to make an arrest. Under New Jersey law, having ‘probable cause’ means the police officer must have an articulable and reasonable suspicion that a violation of the traffic laws has taken place in order to make a valid stop. Put simply, probable cause is a reason to believe that a crime was committed. For example, if you are pulled over for speeding, and you were 20 mph above the speed limit, the speeding violation would constitute probable cause for the initial stop. The State must give the defense all of the documentation pertaining to how the speed was ascertained by the officer (i.e., information related to the radar detector used).

Typically, the following driving behaviors that indicate drunk driving will be sufficient probable cause for an officer to stop you: swerving, excessive speeding, wrong-way driving, erratic driving, running stop signs or traffic lights, or causing an accident. If there was probable cause for the traffic stop, and the officer has reason to believe you may be intoxicated, you may be asked to take a breathalyzer test. If the test reveals that your blood alcohol content is 0.08 percent or more, this is enough to form the basis of a valid arrest.

March 23, 2017

Underage DWI Penalties in New Jersey

by Jonathan F. Marshall

Driving while intoxicated (DWI) is a serious offense in New Jersey, regardless of whether the driver is of age or underage. If you or your underage child has been arrested or charged with a DWI, you should speak to a seasoned New Jersey DWI attorney who is well versed in this area of law. You can rest assured that we can examine the facts of your case and determine a defense strategy accordingly. The stakes are high in these cases, so it is important to act quickly.

Under New Jersey law, the basic offense of a DWI consists of driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. If you are under the age of 21, the state only needs to show that your BAC was above 0.01 percent in order to convict you of an “underage DWI.” New Jersey has a zero tolerance policy for drinking and driving. As a result, the penalties for underage DWI are severe and typically include the loss of driving privileges for 30 to 90 days, community service for 15 to 30 days, mandatory fines and penalties, and participation in an alcohol and traffic safety education program.

If you are under the age of 21, and your BAC exceeds 0.08 percent, you will likely be charged with a DWI as an adult and subject to regular New Jersey DWI penalties. If you do not have a driver’s license and are under the age of 17 at the time of the incident, you will be subject to a 30- to 90-day delay in processing your driver’s license.

March 16, 2017

A Closer Look at Field Sobriety Tests in New Jersey

by Jonathan F. Marshall

While driving laws may vary from state to state, law enforcement officers across the United States use the same field sobriety tests to identify suspected drunk drivers. New Jersey police officers typically ask suspected DWI drivers to take a field sobriety test prior to arrest. If you have been arrested or charged with a DWI, it is imperative to reach out to an experienced New Jersey DWI defense attorney who can scrutinize the circumstances and results of your field sobriety test and build the strongest defense possible.

In the state of New Jersey, DWI stands for Driving while Intoxicated. The basic offense of a DWI consists of driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. Field Sobriety Tests are evaluations done by police officers in making roadside determinations as to whether a driver is under the influence of alcohol or drugs. While these tests are optional for the driver, most officers do not inform drivers of their right to decline.

The National Highway Safety Traffic Safety Administration recognizes three field sobriety tests as reliable scientific indicia of intoxication. The Standardized Field Sobriety Test has precise instructions for officers to follow, as well as an objective scoring system. It consists of the following three tests: