New Jersey DWI Definitions

The Law Offices of Jonathan F. Marshall realizes that some of the drinking and driving terminology used in conjunction with defending a New Jersey DWI, DUI or refusal offense may not be something to which clients are familiar. We therefore encourage you to consult the following definitions which arise in defending drunk driving cases in New Jersey.

Abstract: This term refers to the record provided by the Division of Motor Vehicles which contains documentation of an individual’s driving history.

Acquittal: This term generally refers to a finding of not guilty or some other resolution of a case wherein an individual accused in New Jersey of a DWI, DUI or refusal case is found not guilty.

Admissibility: This term refers to whether or not a piece of evidence may be considered by the court in a DWI, DUI or refusal case.

Allow: This term is an abbreviation for the New Jersey charge of allowing an intoxicated driver to operate a motor vehicle.

Appeal: This term refers to the application filed in a DWI, DUI or refusal case which seeks a review of a municipal court or higher court decision in a DWI, DUI or refusal case.

Blood Alcohol Tests: This term is generally used to describe the tests which are administered in a New Jersey DWI or DUI to determine the alcohol concentration in an individual’s blood.

Blood Test: This term refers to the actual extraction of blood from an individual charged with a DWI or DUI in New Jersey, and the results thereof.

Breathalyzer: This term refers to the breath test instrument administered in a New Jersey DWI, DUI or refusal case in order to determine blood alcohol concentration.

Breath Test: This is another term to describe the instrument used to determine an individual’s blood alcohol concentration via breath sample in a New Jersey DWI, DUI or refusal case.

Burden of Proof: This term describes the quantum or standard of evidence or proof which must be present for something to be established in a New Jersey DWI, DUI or refusal case.

Check Off: This term is used to describe the recordation of each step undertaken by a police officer when completing a New Jersey alcohol influence report.