DWI Laws & Resources

1. What are New Jersey’s underage DWI laws? New Jersey has established a special law that is aimed at the operation of a motor vehicle by underage drivers. N.J.S.A. 39:4-50.14 forbids the operation of a motor vehicle by any person under the legal age to purchase alcoholic beverages when that person has consumed virtually any […]

1. How are New Jersey DWI laws applied to a driver with a CDL?  A person who holds a commercial drivers license (CDL) is held to a much higher standard as a professional driver. A CDL driver faces some of the harshest penalties and may face the loss of their career, even for a first time […]

1. What is constitutes boating while under the influence (BWI)? As the population grows in New Jersey more and more citizens use the rivers, bays and oceans each weekend for recreational boating activities. The huge number of sailboats, powered vessels, personal watercraft, and part fishing boats that can be seen at the seashore and on […]

1. What other post-convictions applications can a DWI defendant file? The Rules of Court provide a variety of legal procedures that can be used by a DWI defendant to challenge his DWI conviction. These applications include a motion to reconsider the judgment, a motion to withdraw a guilty plea, a motion for a new trial, […]

1. What is a petition for post-conviction relief? If you are charged with a second or a third DWI offense then you could face a very harsh jail term and driver’s license suspension if you are convicted. You may believe that it is impossible to reverse a DWI conviction. However, you are wrong! Thankfully, there […]

1. What are the ignition interlock device requirements under New Jersey DWI sentencing laws? If your license was suspended for a DWI offense, the court may require you to get an ignition interlock device to prevent a vehicle from starting if your BAC exceeds 0.05%. First DWI offense: Installation of interlock device for six months […]

1. Are you required to disclose a New Jersey DWI conviction to a prospective employer when you apply for a job? No. The only advantage of being charged with a DWI in New Jersey is that it is not considered to be a criminal charge. The reason why DWI defendants have limited rights in New […]

1. If I am convicted of a DWI will I receive any points? No, if you are convicted for a DWI or a refusal then you will not receive any points from the DMV. However, there are tremendous collateral consequences if you are convicted for a DWI. You will have to pay thousands of dollars […]

There are a number of common issues that arise in the context of a municipal court DWI appeal. Some issues may be procedural, such as defects associated with the taking of a guilty plea, while others may be more substantive, such as motions to suppress evidence, motions to exclude a confession, and sentencing errors. In […]

What is a Laurick issue and how can it help me avoid going to jail for my upcoming DWI case? A critical issue in any multiple DWI case is whether a defendant has a prior DWI conviction(s) wherein he has entered an uncounseled guilty plea. In many DWI cases, a defendant enters a guilty plea […]

1. What is New Jersey’s 10 year-step down rule? In New Jersey if there is more than ten years between convictions, then the Municipal Court will apply the “step-down” provision when issuing the penalties. The “step-down” provision as described in N.J.S.A. 39:4-50(a)(3) provides: A person who has been convicted of a previous violation of this […]

1. How do I prepare for a DWI sentencing in Municipal Court? The practice of DWI law has essentially “morphed” from trying to beat the case, to instead getting the most lenient sentence possible for the defendant. Most of the sentencing in a DWI case is mandatory, thus you can argue until you are “blue […]

1. How is the use of videotape evidence important in a DWI case? The use of a videotape in a DWI case is very common in most New Jersey State and local police departments. The taping of the defendant normally occurs either during the course of the roadside investigation that culminates when the defendant is […]

1. What are the reasons for taking a blood sample? The New Jersey police rely on the Alcotest to provide the evidence of a suspected drunk driver’s blood alcohol concentration in the vast majority of the case. However, there will be some very serious cases wherein the police will seek to obtain the vital evidence […]

1. Could you please provide an overview of New Jersey refusal laws? New Jersey law requires every driver using the roadways in New Jersey to submit to a chemical breath test when requests. There are also harsh civil penalties, fines, motor vehicle surcharges, and a long suspension of driving privileges if a driver refuses to […]

1. What are the penalties for driving without insurance? New Jersey law requires all drivers to have insurance on their motor vehicles. A driver must have insurance coverage of $15,000 for the injury or death of a person; $30,000 for the injury or death of more than one person; and $5,000 for property damage. The […]

In New Jersey you do not have to expunge a DWI conviction. In the majority of the states, DWI is a criminal charge, and if you are convicted then you will have a criminal conviction. However, in New Jersey a DWI is only considered to be a motor vehicle charge. In fact, the NJ expungement […]

I was just convicted for a DWI offense. Does New Jersey have any type of programs for temporary or restricted driver’s licenses? One of the most common DWI questions I receive is whether a defendant can obtain a work license if he is convicted of DWI or a refusal. The answer unfortunately in New Jersey […]

In New Jersey you can be found not guilty of DWI if the Alcotest breath test machine: 1. Was not working properly; 2.  The breath test operator was not properly certified; 3.  The breath test machine was not properly calibrated; 4. The breath tests were not administered properly; and 5. The breath tests were not […]

The breath tests are often not reliable. The breath test results are not as reliable as the government wants you to believe. It can often read out false results on the basis of conditions like acid reflux disease, diabetes, or when a person has belched in the preceding 20 minutes. There are certain rules and […]

1. Are the field sobriety tests always reliable? In many DWI cases the field sobriety tests are simply not reliable. The two major proofs that the prosecutor relies on in a DWI case are the breath results, and the defendant’s performance on the field sobriety tests. The field sobriety tests are recorded on a drinking […]

The prosecutor has to prove that the defendant operated a motor vehicle while “under the influence” of either an intoxicating liquor, a narcotic, or a hallucinogenic or habit producing drug. The proofs presented at trial may include evidence that the defendant was under the influence of one or more of these substances. The key issue […]

One of the best defenses and most overlooked defenses to a DWI charge is to contest the operation of the vehicle. In today’s age, the police are writing DWI charges as fast as them can. Many DWI charges would never have been issued 25 to 30 years ago. Unfortunately, the definition of “operation” has greatly […]

If you search the web, you will view countless websites, wherein lawyers brag how great they are, and how they will win your case. For the most part this is nonsense. The plain truth to the matter is that the “card are stacked against you” in a DWI case. I have been in practice for […]

1. What are the penalties for driving without insurance? New Jersey law requires all drivers to have insurance on their motor vehicles. A driver must have insurance coverage of $15,000 for the injury or death of a person; $30,000 for the injury or death of more than one person; and $5,000 for property damage. The […]

When the Motor Vehicle Commission or the MVC wants to suspend a persons driver’s license it must first send out a form called a notice of a proposed suspension. Once you receive this form then you will immediately become unnerved and it will also ruin your day. Nonetheless, you can’t just rip up this notice […]

How a DWI Conviction Can Wreck Your Life 1. A person will of course have his driver’s license suspended. In many fields of employment if a person loses his driver’s license then he will also lose his job. For many jobs the hard cold reality is that if you can’t drive then you can’t work […]

1. What is the best defense available to try to beat a driving while suspended case? Driving while suspended tickets issued under N.J.S.A. 39:3-40 are issued like hotcakes in the Garden State. If you are driving while on the suspended list,  then chances are that the police will eventually bust you.  Almost all police cars […]

In New Jersey a person’s driver’s license can be suspended for an ever increasing amount reasons. This article will address the most common types of suspensions that a person can get in New Jersey. 1. Suspensions for Driving-Related Violations and Points If you are found guilty of too many traffic tickets then your license may […]

1. Contest the Field Sobriety Tests – There are many grounds to contest the field sobriety tests. In many DWI cases the field sobriety tests are simply not reliable. The two major proofs that the prosecutor relies on in a DWI case are the breath results, and the defendant’s performance on the field sobriety tests. […]

FIRST OFFENSE (Driving While Impaired) .08% but less than .10% (per se) or under the influence of alcohol. Fine: $250 to $400 IDRC: 12 to 48 hours Jail: Up to 30 days Loss of driver’s license 3 months FIRST OFFENSE (DWI) .10% or higher (per se) or under the influence of alcohol. Fine: $300 to […]

1. How do the police measure a driver’s speed? Generally, police use the following methods to catch you speeding: a. A visual estimate. The officer sees your car and estimates how fast you are going. b. Pacing. The police officer follows your vehicle at the same speed you are traveling and checks the police car’s […]

The police in New Jersey frequently use roadblocks to bust DWI ddefendants. The best way to contest a DWI caused from a roadblock arrest is to ascertain if the roadblock was “reasonable” under a traditional Fourth Amendment analysis. It is now settled that the stopping of a motor vehicle at a roadblock, even for a […]

The Interstate Compact If a driver is convicted in New Jersey, then he will lose only his driving privileges in the State of New Jersey. However, New Jersey will report conviction to home state. Thereafter, your home state also suspend your driver’s license for whatever period someone in your state would receive if he were […]

1. DWI With Minors in a Vehicle: N.J.S.A. 39:4-50.15 A person who is charged with a DWI is often charged without a disorderly persons offense as well. A DWI defendant who operates a vehicle while under the influence can also commit a disorderly persons offense if he has a minor in the vehicle the time of […]

If a driver has been convicted of an alcohol or drug related traffic or boating offense in New Jersey, then he must satisfy the requirements of the Intoxicated Driving Program (IDP) and the Intoxicated Driver Center (IDRC). The Intoxicated Driving Program is a unit of the Division of Addiction Services of the New Jersey Department […]

The following list of court codes that can help a driver interpret their driver’s abstract, and to determine where a prior DWI violation occurred. If you have any questions about your own driver’s abstract, please call me at 732-257-0708 or on my cell phone 908-208-8658. _ Atlantic County – Code A _ A02 Absecon City […]

WAYS TO HELP YOURSELF IN COURT Be on time Bring court documents Be respect respectful to court employees Be neat and clean Be honest Speak clearly Be brief and to the point Be relaxed and patient Be careful of your attitude and don’t lose your temper Bring someone who can interpret if possible When in […]

A DWI charge is only traffic offense only in New Jersey. If a person is convicted for a DWI, then this will not give you a criminal record. Since DWI is considered only to be a traffic offense only, there are no jury trials for DWI cases in New Jersey. Since DWI is not a […]

When a DWI driver is arrested, then his vehicle must also be impounded. This law is called “John’s Law.” More specifically, whenever a person has been arrested for a violation of DWI, or for refusal, then the police must impound the vehicle for at least twelve hours. The DWI driver must pay a reasonable fee […]

What are the realities of performing Field Sobriety Tests? The reality is that you will be asked to perform several field sobriety tests in less then ideal conditions when you are extremely nervous about being arrested. The National Highway Traffic Safety Administration has admitted that “Slight variations from the ideal, i.e., the inability to find […]

What Are Field Sobriety Tests? Field Sobriety Tests (FST’s) are psycho-physical tests used to assess a person’s physical and/or mental impairment. These tests focus on the abilities needed for safe driving. Most of the more reliable psycho-physical tests are known as “divided attention” tasks. They require a person to concentrate on more then one task […]

If the driver operates his or her motor vehicle while on the revoked list for a drunk  driving conviction, then he or she will face enhanced punishment under N.J.S.A. 39:3-40. For a first offender, the driver will lose his or her ability to register motor vehicles in New Jersey. Such a driver will also be […]

Appeals A driver can appeal their case to the local county Superior Court. In many cases an appeal is the best way a driver can win their case. There is a lot less political pressure to convict DWI drivers at the Superior Court, than in the local Municipal Courts. However, DWI appeals can be very […]

The New Jersey Merit Rating Program, created by N.J.S.A. 17:29A-35 requires Motor Vehicle Services to collect insurance surcharges from motorists whose driving records include certain motor vehicle offenses. The surcharges are in addition to any court-imposed fines and penalties, or any premium or surcharge fees assessed by insurance companies. Surchargeable events include alcohol and drug […]

ROUTINE DRUNK DRIVING CASES – FIRST OFFENSE A defendant who enters a plea of guilty or who is found guilty for a first time DWI is subject to a range of punishments. He is required to pay a fine in the range of $25o to $400. In addition to whatever the fines that are imposed, […]

The New Jersey DWI laws combat the perils of drunk driving. In general New Jersey DWI law prohibits the following courses of conduct: DWI 1. The per se violation. It is a violation to operate a motor vehicle in New Jersey with a blood alcohol concentration of .08% or more by the weight of alcohol […]

An out- of -state conviction for a DWI of a substantially similar nature, will constitute as a prior DWI offense in New Jersey. It is however possible to exclude the out of state conviction by proof that the conviction was based solely upon a violation of a proscribed BAC of less than .08%. There are […]

DWI APPEALS A DWI defendant may appeal either the sentence or the finding of guilty to the Law Division of the Superior Court. The New Jersey Municipal Court system of justice is one of the finest systems in the county. However, the New Jersey Municipal Courts are often influenced by local politics. There is a […]

1. OVERVIEW OF THE LAW This charge is codified under N.J.S.A. 39:3-40. DWI and driving while revoked go together like New Jersey and traffic tickets. In many cases, the DWI driver will also be suspended as a result of a prior conviction for a DWI. More often the DWI driver will be on the revoked […]