What is the New Jersey DWI law?
In general, New Jersey DWI arrests are prosecuted in two ways. First and foremost is a traditional DWI, under which prosecution makes an all out effort to prove that an individual has a past record of irregular driving pattern and is not doing anything to improve his behaviour.
Secondly, prosecution can pinpoint the fact that individual was driving under the influence of alcohol and has crossed the legal limit of .08 per cent.
The police officials of New Jersey are given an authority to impound the car of a drunk driver. If you refuse to take blood or breath test as desired by the police officer not only you have to face severe penalties but also your driving license can be suspended. DWI convictions in New Jersey are "priorable" for 10 years. If it is the third or fourth time you are booked for DWI, punishment can become lot harsher. For example, jail time can be increased by couple of months. On the other hand, financial penalty can also increase tremendously from a traditional $ 1,000 to $ 3,000.
There are special kinds of DWI laws in New Jersey for individuals who are less than age of 21. If the BAC concentration of anyone below 21 is found to be 0.01 per cent or more, he or she can be booked under DWI. In addition, driving license of that individual can be suspended for a time period of I to 3 months. The person concerned also had to implement the community service for a month.
Another unique thing about New Jersey DWI laws is that jury trials are not available in DWI cases. In other words, if you are arrested for DWI in New Jersey you have to contend with a court trial only. In legal parlance, court trial is a kind of trial where a judge takes into account the evidence against you and gives his decision. The best part about court trial is that you are given an equal opportunity to defend your case. If you are not lucky enough to win a court trial, you have an option of going for a "de novo" appeal in New Jersey. |