Welcome to the site for DWI defense in New Jersey. So much is riding on the defense of your case. You may be facing jail time, loss of your job, loss of license, motor vehicle points, thousands of dollars in court fines, significant insurance increases and the list goes on. My firm is dedicated to the defense of Criminal and DWI cases in New Jersey . Our goal is to get your through this process as quickly, yet effectively.

New Jersey DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) arrests are prosecuted in two ways: either as a traditional DWI, where the prosecution attempts to prove a person as being under the influence based on driving pattern and field sobriety test performance, or by violating the "per se" law by being above the legal limit of .08%. Read the DWI Statue.

Refusal to take the breath or blood test following a DWI / DUI arrest is admissible in court, and can also have severe driver's license consequences in addition to the standard penalties. Read the Refusal statute.

DWI convictions are "priorable" for 10 years, calculated from arrest date to arrest date. Punishment for a second DWI or third offense DWI is harsher in every respect: fines, jail time, driver's license consequences, and more. See the DWI Sentencing Chart.

There are special DWI / DUI laws for those under 21: it is illegal for someone under 21 to drive with a BAC of 0.01% or greater. Violation of this law will result in a license suspension for 30 - 90 days, and community service for 15 - 30 days.

Jury Trials are NOT available in New Jersey DWI cases. People arrested for driving while impaired in New Jersey have a right to a court trial only. (A court trial is one where the judge hears the evidence and decides your guilt.) If you lose the court trial, you have the right to request a "de novo" appeal on the record. This is where the record is transmitted to the Law Division, Superior Court, and a different judge reviews the DWI trial record, and the lawyers argue the facts and law that should apply. It is a second chance at getting a result of Not Guilty.

New Jersey DWI cases are unique, since there is no pre-trial administrative driver's license suspension, as there is in many other states. The only driver's license consequences are imposed by the court.

Challanging Your Intial Arrest and Stop

The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures and requires that any search or seizure be based on probable cause. When a police officer arrests you under suspicion of drunk driving, that is a seizure. Thus, if the officer does not have probable cause to arrest you, we may be able to challenge your arrest on this basis.

Challenging the Testimony of the Arresting Officer

Typically, your DUI case will be based largely in the testimony of the arresting officer. Your DUI attorney can cross examine the officer in a number of different areas in an attempt to make him appear unbelievable. You can challenge the accuracy of his observations of you, his performance of the field sobriety test, or other aspects of the arrest.

Challenging Your Blood Alcohol Test

If you are stopped under suspicion of drunk driving, the law requires that you be given a breath or blood test to check the alcohol level in your blood. There are many ways to successfully fight the results of these tests.

In New Jersey, the Alcotest machine has recently been under fire in the Supreme Court. State vs. Foley was decided in 1987 and the Supreme Court is currently examining the machine with a special committee in State vs. Chun. There are very strict procedures that an Alcotest operator must adhere to and a faliure to follow these procedures may bar the breath test results.

Our attorneys work with the finest medical and scientific experts in the field, and if there are any weaknesses in the state's blood alcohol evidence, our experts will be more than ready to fight your case on these grounds.

Plea Bargaining

Even if you can't completely beat your case by having the charges dismissed or getting a not guilty verdict at trial, you can still limit the damage by getting a reduced penalty. You accomplish this by plea bargaining.

Other DWI Resources

• State vs. Chun: Special Master Report
• DWI Sentencing Chart
• NHTSA Field Sobriety Testing Student Manual
• Attorney General Guideline: Prosecution of DWI & Refusal Violations (1/24/2005)
• DWI Detection & Standardized Field Sobriety Testing (SFST)
• Attorney General Directive: Mandatory 12-Hour Impoundment of Motor Vehicles
• Attorney General Directive: Potential Liability Warning
• NHTSA 2003 Traffic Safety Facts
• NJ Motor Vehicle Commision Standard Statement for Operators of a Motor Vehicle (Refusal)
• Revision, Standard DWI Refusal Statement, Effective April 26, 2004
• Amendments to Guideline 4 of Guidelines for Operation for Operation of Plea Agreements in the Municipal Courts

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