New Jersey DWI FAQ


Is there any way to challenge my DWI charge?

Yes, there are many ways to challenge your DWI charge. The traffic stop must be supported by reasonable suspicion. The police officers must have probable cause to believe that you are intoxicated to conduct the field sobriety tests and breathalyzer test. The field sobriety tests can be challenged. The breathalyzer test can be challenged, for example, based on the breath test operator being unlicensed or the breathalyzer machine malfunctioning. These are just a few of the tactics to contest DWI charges.

How much does it cost to hire an attorney for a DWI?

Attorneys fees for DWI charges can range greatly depending on prior offenses, the BAC reading, a trial, and most importantly – the experience and quality of your defense attorney.

What is the legal limit in New Jersey?

The legal limit in New Jersey is a Blood Alcohol Content (BAC) of .08 %

What are the State Motor Vehicle surcharges in New Jersey for DWI convictions?

For a first and second offense, the surcharges are $1,000 a year for three years. For a third offense, the surcharges are $1,500 a year for three years.

Am I entitled to an attorney when charged with a DWI?

A DWI in New Jersey is not considered a criminal offense, it is considered a motor vehicle violation. Because it is a “quasi-criminal” offense, you are not entitled to an attorney when you are stopped, subjected to sobriety testing, and arrested for a DWI. However, you should contact an attorney once you are charged with a DWI in order to contest any issues relating to your vehicle stop or testing.

Am I entitled to a jury trial on my DWI charge?

No, you will be tried in front of a municipal court judge in the municipality you have been charged in.

Are roadblocks constitutional?

Generally, roadblocks are constitutional if certain procedures are followed by law enforcement officers. Under State v. Kirk, the court held that temporary road block set up by exercise of absolute, unbridled discretion of officers in field is violative of State Constitutional provision against unreasonable seizure; however, if certain procedures set forth, ensuring supervisory control of checkpoints and warnings to motorists, are carefully followed, any constitutional objections will be overcome.