DUI/DWI
DUI as a Quasi-Criminal Action
In New Jersey, a DUI or DWI is not considered a criminal offense. Rather, a DUI, alcohol or other drug-related offense punishable in court is called a quasi-criminal action.
Nonetheless, DUI consequences can be severe — especially if your attorney is not experienced in handling these unique and complex cases.
Quasi-criminal offenses are “a class of offenses against the public ‘which have not been declared crimes, but wrongful against the general or local public which it is proper should be repressed or punished by forfeitures and penalties’” (State v. Laird, 25 N.J. 298, 302-03 (1957)).
Elements of a DUI in New Jersey
A person is guilty of DUI in New Jersey if they operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. However, drivers can also be convicted with a lower BAC if their ability to drive is impaired.
To secure a DUI conviction, the prosecution must establish:
- Operation of a Vehicle – The defendant was in control of a motor vehicle.
- Impairment – The defendant was under the influence of alcohol, drugs, or a combination that impaired their ability to drive safely.
- BAC Level – If the BAC is 0.08% or higher, this serves as per se evidence of intoxication.
Under New Jersey’s implied consent law, drivers must submit to a breathalyzer test when lawfully requested by law enforcement. Refusing this test carries separate charges and penalties.
Elements of a Refusal Offense in New Jersey
Under New Jersey’s implied consent law, drivers must submit to a breathalyzer test when lawfully requested by law enforcement. Refusing this test carries separate charges and penalties.
To prove a refusal violation, the prosecution must show:
- Probable Cause – The officer had reasonable suspicion that the driver was under the influence.
- Arrest – The driver was lawfully arrested for DUI.
- Test Request – The officer informed the driver of the legal requirement to take the test.
- Refusal – The driver refused to submit to the breath test.