New Jersey lawyers FAQs New Jersey DWI FAQs Courtesy of New Jersey LawSite member, Greggory M. Marootian, Esq. 1. How can I be convicted of DWI in New Jersey?
N.J.S.A. 39:4-50, the New Jersey DWI Law, makes it unlawful to “operate a motor vehicle while under the influence of intoxicating liquor . . .or . . . with a blood alcohol concentration of .08% or more by weight of [blood] alcohol.” There are two prongs to New Jersey DWI Law (i.e. a Defendant can be convicted in one of two ways); (A) operating a motor vehicle while “under the influence of intoxicating liquor”, or (B) operating a motor vehicle with a “blood alcohol concentration of .08% or more.” A. Under The Influence: This is broadly defined as a Defendant who has consumed alcohol “to the extent that his physical or mental faculties are deleteriously affected.” State v. Emery, 27 N.J. 348, 355 (1958). It has also been characterized as a substantial deterioration or diminution of the mental faculties or physical capabilities of a person. see State v. Tamburro, 68 N.J. 414, 421 (1975). B. Blood Alcohol Concentration of .
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