A New Jersey DWI is one of the most consequential charges a person can face — and one of the most defensible, because the State has to prove a lot, the right way. This guide indexes everything we’ve written about defending a DWI: the arrest, the evidence, the penalties by offense level, the technical defenses, and the long tail of consequences. For representation, start with our main NJ DWI defense page.
A DWI is permanent — which is why the defense matters: A DWI can never be expunged in New Jersey, because it’s a motor-vehicle offense, not a crime. It stays on your driving record for life and counts as a prior. The only way to keep it off your record is to avoid the conviction — which is exactly what the defenses below are for.
The arrest & the evidence
- What happens at a NJ DWI arrest
- Field sobriety tests — and why they’re challengeable
- The Alcotest & calibration records
- The 20-minute observation rule
- Blood draws & the warrant requirement
- The rising blood-alcohol defense
- Refusing the breath test
- DWI checkpoints & roadblock legality
- The “operation” element — do you have to be driving?
- DWI on private property
Penalties by offense
- Second offense & the 10-year lookback
- Third offense & mandatory jail
- Underage DWI (zero tolerance)
- DWI & your CDL (0.04 limit)
- DWI in a school zone
- DWI with a child in the car (39:4-50.15)
- Boating while intoxicated (BUI)
Drugs, cannabis & DWI
- Marijuana DWI
- DWI on prescription drugs
- CDS in a motor vehicle (39:4-49.1)
- The smell of marijuana & car searches after legalization
After a DWI: license, interlock & consequences
- Ignition interlock
- Getting your license back (IDRC, interlock, surcharges)
- How a DWI affects your job, license & career
- Why a DWI can’t be expunged
- DWI plea bargaining: what changed
Special situations
- Out-of-state drivers charged with DWI in NJ
- Shore summer DWI enforcement
- When a DWI causes injury: assault by auto
Charged with a DWI? Get it reviewed before you assume the worst
Every piece of the State’s case — the stop, the tests, the machine, the timing — has to hold up. Often, something doesn’t. If you’re facing a DWI anywhere in New Jersey, it’s worth a free call. See our full NJ DWI defense page to start.