What Happens After You’re Arrested for DWI in New Jersey?

Being arrested for DWI in NJ can be a confusing and scary experience. Knowing the stages of the legal process is essential. Contact the Law Offices of Bartholomew Baffuto as soon as possible to protect your rights.

First Stage – Arrest, Investigation, Issuance of Charge

Most DWI cases start at the traffic stop. If the police see you driving erratically or have reasonable suspicion that you are impaired, they may stop you. Often a request for performance of field sobriety tests follows. Most cases escalate to an arrest based on alleged indication of impairment.

Following an arrest, the procedure is to transport an arrestee to a police facility for the purpose of breath testing. Issuance of a complaint-summons is then the next step in most cases.

Prompt consultation with an attorney will usually work in your favor.

Second Stage – First Appearance or Arraignment Hearing

At an arraignment, the court formally reads the charges against you, and you are asked to enter a not guilty or guilty plea. Most people plead not guilty at this stage, and their lawyers can explore defense strategies. If a lawyer is retained before a court date, the lawyer can waive arraignment and plead “Not Guilty” on behalf of a client.

A competent DWI defense lawyer in New Jersey is critical to protection of a defendant’s rights.

The evidence of the prosecution is not unassailable. A skilled lawyer will try to weaken the state’s case before or during trial challenging it at every turn.

Third Stage – Discovery of the Evidence

The heart of building your defense is discovery. Your lawyer can now access the evidence the prosecution will use against you. This could include:

Reports of your behavior during the stop by police.
Footage from dashcam or bodycam.
Breathtest or blood test results.

Evidence is typically scrutinized by an experienced attorney looking for inconsistencies. For instance:

Was the arresting officer trained in sobriety tests(FSTs)?
Did environmental factors interfere with test performance?
Were medical conditions or medications affectingthe observed FSTs results or the BAC reading?

Also, if any evidence was obtained improperly, such as an unlawful stop or an invalid search, your lawyer can file motions to exclude that evidence. Success at this stage can sometimes resolve the case before trial or set up a tactical advantage at trial.

Fourth Stage – Trial

If your case goes to trial, your attorney and the prosecution will make their cases to a judge. DWI prosecutions are bench trials in New Jersey, which means that the municipal court judge, not a jury, decides the case.

Typically, non-testimonial evidence is presented, witnesses are called, and the witnesses are cross-examined. Your lawyer could offer alternative explanations for the evidence presented by the prosecution or demonstrate procedural flaws.

For instance, if there were problems with breath testing or if the breath test instrument were improperly maintained, your lawyer may claim that the test results can’t be trusted. They might also question the officer’s observations if they see video evidence that doesn’t match the police report.

The trial comes to an end with a verdict. If you are acquitted, then the case is over. If found guilty, the penalties include fines, a suspended license in many cases, mandatory alcohol education programs, and sometimes even jail time.

DWI charges in New Jersey can be life-changing. You do not have to be alone in going through this. Be sure to get the best legal representation and protect your future. For a free consultation, call the Law Offices of Bartholomew Baffuto today.

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