Clients often inquire as to whether or not any previous out-of-state DWI convictions or other alcohol-related traffic violations will affect their New Jersey DWI matter. A previous out-of-state alcohol-related traffic offense can indeed affect the penalties that will be imposed in your current New Jersey DWI case. This is because the DWI penalties in New Jersey increase with each subsequent DWI conviction.

There are very few defenses to a refusal charge in New Jersey. In order to be found to have refused a breath test in violation of N.J.S.A. 39:4-50.4, the State must prove four essential elements.

in State v. Luzhak, the New Jersey Appellate Division construed N.J.S.A. 2C:40-26, fourth degree operating a motor vehicle during a license suspension stemming from DWI, to apply to DWI convictions from anywhere in the United States. In that case, the defendant, who had two prior DWI convictions, one from 2013 in Maryland and the other from 2010 in New Jersey, was issued a motor vehicle summons in Woodbridge for driving with a suspended license in violation of N.J.S.A. 39:3-4

The DWI attorneys at Wolf Law have been representing defendants charged with DWI/DUI for over more than 50 years. We know not only the law, but also how the system works, and we use our knowledge and experience to help protect your rights and fight for you to achieve the best possible outcome.

A sometimes-useful defense for DWI and DUIs is known as the “glove box” defense. The glove box defense comes into play when the motor vehicle is pulled over on the side of the road or parked somewhere. It also helps if drugs, alcohol, or empty bottles or packaging are found in or around the vehicle.