DRIVING WHILE INTOXICATED

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In New Jersey, the offense of DRIVING WHILE INTOXICATED (DWI) is not a criminal offense. It is a motor vehicle offense and is therefore handled in the Municipal Court of the jurisdiction in which the incident occurred. However, since it is not a criminal offense, there is no jury trial. The case is heard by the Municipal Judge. The prosecution must prove its case beyond a reasonable doubt just like in a criminal case. Similarly, the defendant is presumed to be innocent unless and until the State has carried its burden.

The DWI offense may be proven in 2 ways. First is the PER SE VIOLATION. The State sustains its burden if it proves beyond a reasonable doubt that the person operated a vehicle on a roadway with a blood alcohol content (BAC) of greater than or equal to 0.08%. The penalties increase if the BAC is greater than or equeal to 0.10%.

The second method proof is testimony regarding intoxication. The State may call the investigating officer and others to testify as to the manner of operation of the vehicle; physical observations such as the ability to walk and stand; the manner of speech and appearance; the performance of psychophysical tests and the demeanor of the defendant. Also, any witness may offer an opinion of intoxication upon the proof of ability of the witness to observe and identify intoxication.

The penalties for DWI offenses become increasingly severe upon subsequent convictions. The length of suspension of driving privileges as well as the requirement of jail time increase to a 10 year suspension and 180 days incarceration upon conviction for a third offense.

Therefore, it is of the utmost importance that you seek expert counsel for your representation. At Zucker Steinberg Sonstein & Wixted, we keep current as to any changes in the law and matters relevant to defense. Our combined years of experience give us the expertise necessary to navigate the difficult obstacles placed before you. Saul Steinberg was a municipal prosecutor for over 20 years. Dennis Wixted and Jeffrey Zucker were also municipal prosecutors. Paul Sonstein served as a municipal Court judge for over 10 years. In addition, our lawyers have been steadfastly defending criminal matters for decades. It is with great pride that we carry out our mission on behalf of our clients.

If you’ve been charged with a DWI, contact us immediately by using the form above. You may also use our contact page to reach us for help defending your case.