FREE NJ DWI EVALUATION

What happens after a DWI arrest in New Jersey?

1. Arraignment:

   This usually occurs within a few days of your arrest. If you hire an attorney prior to this proceeding, often the attorney can waive your presence for the arraignment. Some judges require that you be present, whether you have a lawyer already or not.
   
   

2. Pre-trial Conference:

   After the Arraignment date, you will usually get a court date within 3-4 weeks of the date of your arrest. If the police reports have been made available to your attorney by that time, and all of the defenses to the charges have been determined, the case can be resolved at that time either through trial or plea. However, most of the time, a postponement is required to obtain full "discovery", determine your best defenses, and consult with potential experts. The latest postponement will probably be within 7 weeks of your arrest. Often, you will have only one court date after Arraignment, where you will either go to trial or resolve your case by entry of a plea.
   
   

3. Suppression Hearing:

   The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress after receiving the "discovery" or police reports regarding your arrest. The motion is brought at the time of trial.
   
   

4. No Plea Bargaining:

   The Supreme Court has precluded any plea bargaining regarding DWI charges. The State must be able to prove its case against you beyond a reasonable doubt, or it can choose to dismiss or downgrade to a lesser charge that is more appropriate to the offense.
   
   

5. Trial:

   New Jersey does not allow for jury trials in DWI matters. Your case will be heard before a Municipal Court judge. Resolution of your case, whether by trial or plea must be within sixty days after your arrest. There are some variations to this, but the courts attempt to strictly follow this rule.
   
   

6. Sentencing:

   The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, community service, alcohol classes and fines.
   
   

7. Appeal:

   Cases that are not won in the Municipal Court may be successful on appeal.
   
   

8. Post Conviction Relief:

   You may challenge an old conviction. It becomes necessary to check prior convictions when you are arrested for a new DWI. The penalties for a second or third DWI become enhanced. If you were not properly represented in your prior conviction, you may make a challenge to that original court to have that conviction overturned.