DWI Law and Legislation

October 24, 2017

Breath Sample Size in New Jersey Different for Women Over Sixty

If you have been arrested for drinking and driving, you need to seek the help of a skilled New Jersey drunk driving attorney who can assess the merits of your case. At our firm, we have years of experience defending clients who have been charged with a DWI charge and can do the same for you.

Just this week, a Hoatcong woman was arrested for driving while intoxicated (DWI) and failing to stay in her lane, according to police. She was pulled over and given a field sobriety test, which she failed. She was then taken to police headquarters, given a breathalyzer test, and charged with a DWI.

Under New Jersey law, a person commits DWI when he or she drives with a blood alcohol concentration (BAC) of 0.08 percent or higher. For commercial drivers, the BAC level must not exceed 0.04 percent. For drivers under the age of 21, the BAC cannot be 0.01 percent or higher.

October 17, 2017

New Jersey Open Container Laws

by Jonathan F. Marshall

If you or someone close to you has been charged with driving while intoxicated (DWI), and there is an open container of alcohol in the car, you need to reach out to a skilled New Jersey DWI attorney who can help. Known as the “open container law,” this law is designed to reduce drunk driving on New Jersey roads. We understand this area of the law and can help protect your rights at every step of the way.

Under New Jersey N.J.S.A. 39:4-51b, it is illegal for any occupant of a motor vehicle to have an open or unsealed alcoholic beverage inside the vehicle on a public road. Those who have containers of alcohol in their vehicle will typically be charged with a violation of the law, regardless of whether they are the driver of the vehicle or merely a passenger. It is important to note that consumption is not required for the behavior to be against the law.

An open container is an aggravating factor when it comes to a DWI case because it indicates that a person was drinking alcohol as they were driving. In other words, a judge would consider the presence of an open container a factor in determining whether or not the prosecutor has proved the case beyond a reasonable doubt.

October 5, 2017

Alcohol Awareness Classes in New Jersey Following a DWI

by Jonathan F. Marshall

Driving while intoxicated (DWI) is a serious criminal offense in New Jersey and can have serious consequences for your future. If you or someone close to you is facing a DWI charge, it is important to reach out to a skilled New Jersey DWI attorney without delay. It is understandable that you may feel frustrated and confused, but you can rest assured that we will help you understand your rights and advocate for you at every step of the way.

In New Jersey, a person drives while intoxicated if he or she gets behind the wheel with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. 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.

In every DWI case, the burden of proof is on the government to prove the elements of a DWI “beyond a reasonable doubt.” This is the highest burden of proof in the criminal justice system, and it is deliberately high because an individual’s freedom is often at stake. The state also bears the burden to show any prior offenses. If the prosecutor establishes a DWI charge beyond a reasonable doubt, the defendant will be found guilty.

September 27, 2017

The Effectiveness of Ignition Interlock Devices

by Jonathan F. Marshall

If you have been arrested or charged with a New Jersey DWI, you should not delay in reaching out to a skilled New Jersey DWI attorney. At our firm, we have years of experience protecting the rights of those accused of DWIs, and we can put our knowledge to use in your case. The penalties for a DWI conviction vary, but in some cases, individuals are required to use an ignition interlock device (IID).

In New Jersey, the offense of driving while intoxicated (DWI) consists of getting behind the wheel with a blood alcohol content (BAC) of 0.08 percent or higher. It is important to note that the legal limit is different for individuals who are underage and for commercial drivers.

An IID is similar to a Breathalyzer and measures a person’s BAC. The IID is a handheld device that is connected to the ignition system of a car. For a person to start the car, the driver must blow into the device. If the device detects the BAC to be over a certain programmed amount, the vehicle will not start. These systems typically do not just require a test to start the engine, but also generally require a test every few minutes while driving. The idea behind these “rolling” tests is to preclude a friend or acquaintance from starting the vehicle and then letting a drunk driver behind the wheel.

September 20, 2017

Stop of the Vehicle in DWI Cases

by Jonathan F. Marshall

A police officer can stop a car for any legal reason. However, a reason is required, meaning arbitrary, unexplained stops are not permitted under the law. For example, an officer cannot just pull you over to check your driver’s license and registration. If you have been arrested or charged with a DWI in New Jersey, it is imperative to seek the help of a skilled New Jersey DWI attorney who can assess the merits of your case. We can examine the facts of your situation, including the manner in which your vehicle was stopped and the legality of the stop.

In New Jersey, the legal standard for making a traffic stop is “reasonable suspicion.” This is a legal standard that is something more than a hunch and something less than probable cause. The officer must be able to articulate a legal basis for the stop. For example, a police officer may stop a car if the driver is speeding or if the car is not properly registered. It is important to note that an officer’s mistaken belief or understanding of a fact (i.e., the driver had a suspended license) will not be invalidated as long as the officer’s actions were supported by a “reasonable” belief that the related facts were true.

In New Jersey, the offense of driving while intoxicated (DWI) consists of getting behind the wheel with a blood alcohol content (BAC) of 0.08 percent or higher. Put another way, if you are operating a motor vehicle with a BAC of 0.08 percent or higher, you are considered under the influence.

September 13, 2017

New Jersey Ranks Among Least Strict States for DWI Penalties

by Jonathan F. Marshall

According to a new study conducted by WalletHub, New Jersey ranked 45th out of 51 states when it comes to being strict about DWIs. In other words, New Jersey is the seventh-most lenient. The states deemed to be less strict than New Jersey include Maryland, Idaho, North Dakota, Ohio, the District of Columbia, and South Dakota. While New Jersey may be relatively lenient on the list, this does not mean that DWI charges should be taken lightly. A DWI arrest or conviction can lead to serious negative consequences for many aspects of your life. If you or someone close to you has been charged with a DWI, it is imperative to reach out to a seasoned New Jersey DWI attorney who can protect your rights.

WalletHub’s recent findings were summarized in a report entitled Strictest and Most Lenient States on DUI. WalletHub decided to conduct this analysis because of the heightened number of drunk driving incidents. The report examined a number of factors, including:

Each state’s minimum jail time for a first and second conviction;
When a DWI is an automatic felony, if ever, in each state;
How long old DWI factors into penalties and how long an administrative license suspension lasts in each state;
Whether ignition interlock is mandatory;
Whether alcohol assessment is mandatory;
The amount of monetary fines for first and second offenses;
Whether the state has a “no refusal” sobriety testing policy;
Whether the state uses sobriety checkpoints; and
Other penalties.

September 6, 2017

New Jersey DWI Charge When Not Driving

by Jonathan F. Marshall

If you or someone you love has been charged with a DWI, you must not delay in reaching out to a skilled New Jersey DWI attorney who can protect your rights. With years of experience, we will thoroughly examine the facts of your case and determine a legal strategy accordingly. These cases are complex, and having the right attorney on your side can make all of the difference in your case.

The offense of driving while intoxicated (DWI) in New Jersey consists of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. Commercial drivers are legally 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. Thus, the legal limit varies depending on the type of driver you are.

There is a misconception among motorists that police must witness the defendant driving a motor vehicle in order to be convicted for a DWI, but this is actually not the case. In New Jersey, motorists do not have to be “driving” to be convicted of a DWI. While the State must prove both intoxication and “operation” in order to obtain a DWI conviction under New Jersey law, the term “operation” is defined in a very broad manner. In fact, the law does not define in any detail what it actually means to operate a vehicle. As a result, a number of drivers have been charged with DWI after being discovered by law enforcement asleep at the wheel in parked vehicles.

August 28, 2017

Labor Day DWI Checkpoints in New Jersey

by Jonathan F. Marshall

Police agencies from around New Jersey are preparing to set up for the state’s largest annual drunk driving campaign. The 2017 “Drive Sober or Get Pulled Over” Statewide Labor Day Crackdown will last until September 4. During this time, local and state police officers will carry out sobriety checkpoints and roving patrols targeting drivers who may be driving while intoxicated (DWI). If you have been arrested or charged with a DWI in New Jersey, you should reach out to a seasoned New Jersey DWI attorney who can assess the merits of your case.

The basic offense of a DWI in New Jersey takes place when a person operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. In other words, if you get behind the wheel with a BAC of 0.08 percent or higher, you are considered to be driving under the influence. A person 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.

Labor Day is one of the many holiday weekends that see a significant surge in drunk driving accidents. The National Highway Traffic Safety Administration reported that more than 750 people died in drunk driving crashes during Labor Day weekend from 2010 to 2014. Evidence suggests that high-visibility enforcement, such as sobriety checkpoints, can reduce drunk driving fatalities by as much as 20 percent.

August 21, 2017

Understanding Sentencing Enhancements in New Jersey DWI Cases

by Jonathan F. Marshall

In New Jersey, as in any other state, judges can impose a variety of sentences on an individual convicted of driving while intoxicated (DWI). While we try our best to get a DWI charge dropped, people are sometimes convicted, and we must then shift our focus to the sentencing phase. There are certain factors that can significantly increase DWI penalties, which is why it is vital to have a seasoned New Jersey DWI attorney on your side. Our firm can help you understand the different penalties associated with aggravated DWIs as well as your legal rights and options.

Under New Jersey law, a person is deemed to be driving under the influence of alcohol if they get behind the wheel with a blood alcohol concentration (BAC) of 0.08 percent or higher. The zero tolerance BAC limit for drivers under the age of 21 is 0.02 percent. For commercial drivers, the BAC level must not exceed 0.04 percent. It is important to note that any type of impaired driving, whether it is because of alcohol or drugs, can form the basis of a DWI charge.

There are certain aggravating factors that can affect sentencing in New Jersey DWI cases. If proven, these factors can significantly increase the punishment sought by the prosecutor or imposed by the court. Examples of aggravating factors include:

August 14, 2017

The Legality of New Jersey Checkpoints

by Jonathan F. Marshall

Were you arrested for driving while intoxicated (DWI) at a New Jersey checkpoint? If so, you need to reach out to a New Jersey DWI attorney without delay. DUI charges should never be taken lightly because they can have serious adverse consequences for an individual’s life. With years of experience, we understand the nuances of this area of law and can apply our knowledge to your case. We can analyze the situation and determine the validity of your arrest.

Both the United States and the New Jersey Supreme Courts have ruled that sobriety checkpoints are constitutional, although some states prohibit their use. In New Jersey, these checkpoints are allowed as long as they do not violate the U.S. Constitution’s Fourth Amendment prohibition against unreasonable searches and seizures, and police must follow certain guidelines.

In New Jersey, a sobriety checkpoint must be announced to the public in advance. Vehicles are required to be selected by a mathematical formula, the checkpoints must be maintained in a safe manner for both police officers and motorists, and the time for each stop must be minimal, simply giving the officers a chance to check for overt signs of impairment. In addition, checkpoints must clearly be marked and permit an alternate route around the checkpoint if drivers do not want to stop. Police officers cannot merely stop drivers for using the alternate route. However, a driver who avoids the checkpoint and shows obvious signs of intoxication or commits a traffic law violation can be stopped on the basis of probable cause.