New Jersey DWI Process and Procedure

Although the local procedures and customs vary from court to court, the following is a general overview of what to expect when you go to DWI court in New Jersey. For specifics of what to expect in your case, contact an experienced New Jersey DWI lawyer to review your case.

Arraignment in New Jersey DWI Cases

The first court appearance following a DWI arrest in New Jersey is called the arraignment. If you have counsel prior to the initial court date, most often that initial date can be waived and the case will be scheduled for a pretrial conference.  Otherwise, the defendant's presence at the arraignment is mandatory.

At the arraignment, the defendant will go before the court and the judge will formally read the charges. The defendant will be asked to enter a plea.  Most likely, a plea of "not guilty" is entered; otherwise, if a plea of "guilty" is entered, a sentence will be imposed.  If the defendant pleads "not guilty," the case will be rescheduled for a pretrial.

"Discovery", or the police reports and any machine records regarding your case, should be obtained by your attorney before the next pretrial conference date.

A pretrial conference hearing is an opportunity to speak with the officer, prosecutor, and judge to attempt to resolve the case.  This hearing occurs usually within 30 days of your initial court date.  Issues with discovery and scheduling are usually dealt with on this date.

**NOTE - New Jersey law prohibits prosecutors from offering any kind of plea bargain to persons charged with DWI. For this reason, it is extremely important that you act on the advice of DWI counsel looking out for your best interest.

If your attorney wishes to file motions regarding issues that need to be resolved prior to trial, he/she will file a motion. The most common type of motion in a DWI case is a motion to suppress evidence, such as chemical test results or statements. Once a motion is filed, a hearing will take place. Testimony may be heard from expert witnesses and the defense attorney will have the opportunity to cross examine the police officers involved in the case. If a motion to suppress is granted, the evidence will not be admissible in the defendant's trial.

New Jersey DWI defendants do not have a right to a jury trial (unless they are charged with a felony related DWI, such as homicide by auto). Instead, a trial before a Municipal Court Judge will occur (called a "bench trial"). There are guidelines in New Jersey that state that the resolution of the case or the trial must take place within 60 days of your arrest.   For complicated and contested DWI cases, it is unlikely that the case can be resolved within 60 days. The judge will act as both judge and jury, determining issues of law as well as issues of fact. If the judge enters a guilty verdict, a sentence will be imposed in accordance with the guidelines for New Jersey DWI penalties. If a not guilty verdict is entered, the charges and the case will be dismissed.

At trial, you will be given an opportunity to challenge the chemical test evidence.

Following a guilty verdict, a New Jersey DWI defendant will have 20 days to request an appeal from a higher court. A Superior Judge will preside over the appeal and will review the trial transcripts and evidence that was presented to the court below. If the guilty verdict is sustained, the defendant may request another appeal from the Appellate Division. Appeals must be made within 45 days. At the Appellate Division, a multi-judge panel will preside over the case.