Some New Jersey DWI Laws You May Not Even Be Aware Of

 

If you’re a resident of or if you ever travel there, you’ll want to become aware of the unusual New Jersey DWI laws. For example, if you’ve had a DWI in another State, you may be used to a pre-trial hearing, which is an administrative hearing that’s usually held at the Motor Vehicle Department for that particular State. However, New Jersey has no administrative hearings; all the consequences to your driver’s license are brought by the courts.

 

If you’ve been arrested for DWI in New Jersey, there are two ways you can be prosecuted: You can be prosecuted traditionally, where the prosecutor uses your driving performance and/or your field sobriety tests as proof you were driving while intoxicated, or via a per se violation, which means a chemical test of your blood, breath or urine showed your blood alcohol concentration(BAC) to be the legal limit of .08% or above. Whichever method is used, you will not get to stand before a jury to have your DWI case decided: It will be just you and your attorney, along with the State’s prosecutorial team, standing before the judge. If you lose your case, you can then request a de novo appeal, where your case is transferred to the Superior Court’s Law Division, and a different judge will review the previous trial, and perhaps a different outcome.

 

If you’ve been pulled over for a DWI in New Jersey, it is your right to have a second BAC test, taken at a location of your choice and at your expense. The upside of this is that the second test brings more favorable results. And it is also your right to request to make a telephone call. New Jersey law enforcement is obligated to allow you to make that call; they are not, however, obligated to tell you of this right. Likewise, although law enforcement is not required to tell you, you also have the right to refuse a field sobriety test, which includes the heel-to-toe and the one-leg stand. However, do not confuse these tests with a chemical test of your blood, breath or urine; refusal of a chemical test is considered consciousness of guilt and will be admissible in court.

 

Other New Jersey DWI laws you should be aware of include: Riding or driving in a car with an open alcohol container, which includes fines and possible community service; failing to pay DWI surcharges, which can indefinitely suspend your driving privileges and, if an action is filed by the Motor Vehicle Commission (MVC) in State Superior Court, may include a lien against your property or garnishing your wages.

 

A driver doesn’t have to wait long for his DWI trial; by law, it must be within 120 days of arrest. When and if you find yourself in court, don’t be confrontational. A genuine sincerity in wanting to become a better driver for yourself, your family and in your community may drop an average license suspension from six months down to 15 or 30 days. Finally, if you are convicted of a DWI in New Jersey, you’ll only have 20 days in which to file an appeal.

 

You also need to know that once the length of your driver’s license suspension has expired, your license is not automatically restored! In order for that to happen, you must first go to your MVC, apply for reinstatement, and pay the $100 reinstatement fee. If you fail to do this, New Jersey still considers your license to be suspended, and being caught driving with a suspended license has serious repercussions.