NJ Drunk Driving Update: Before a DWI Conviction, Prosecutors Must Prove Guilt — Part 1

As stated previously in this forum, drunken driving is a serious offense with severe penalties for those convicted of DWI, breath test refusal or driving under the influence of a controlled dangerous substance (CDS); however, no conviction and no sentencing for driving while intoxicated can even take place until the prosecution has proven to the court that a driver was responsible for operating a motor vehicle while drunk on alcohol, or otherwise impaired by prescription medications or illicit drugs (also known as drug DUI).

In the Garden State, drivers who have never been arrested for driving while under the influence of alcohol might not know all the finer point of the law. As New Jersey DWI defense lawyers, I and my colleagues not only understand state law as it pertains to drunk drivers, but we also have a detailed understanding of the circumstances in which individuals find themselves facing a charge of DWI or breath test refusal.

Of course, it goes without saying that an arrest for driving under the influence of alcohol or drugs can lead to harsh monetary penalties and even license suspension. (As an aside, most people might not even consider the implications of losing their driver’s license, and essentially their driving privileges for even several months, but this alone can be devastating to someone who drives to work, or more seriously, drives for a living.)

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