New Jersey DWI : NJ DWI Fictions
1. Will my NJ DWI leave me with a criminal record?
No. N.J.S.A. 30:4-50, the NJ DWI statute, is a traffic offense and will not leave you with a criminal record.
2. Can I get a limited work license, school license, or medical appointments license if I am convicted of a NJ DWI?
No. New Jersey does not offer any restricted driving privileges for suspended licenses. In addition, pursuant to N.J.S.A. 39:3-40, if you are caught driving while suspended due to a DWI conviction, you face an additional 1 - 2 years suspended driving privilege and 10 - 90 days in jail.
3. Can I get a jury trial for my NJ DWI matter?
No. NJ DWI matters are bench trials where the judge decides the outcome without the assistance of a jury. This demand is typically denied by NJ Municipal Court and Superior Court judges.
4. Does refusing to submit to a breath test help my NJ DWI case?
No. N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4 are implied consent statutes which mandate that a person must give a breath sample when suspected of committing a NJ DWI. The NJ Refusal statute carries nearly all of the penalties of a NJ DWI and counts as a prior NJ DWI conviction.
5. Will potential employers see my NJ DWI conviction?
Not usually. A conviction for a NJ DWI is not a crime and will not appear on a criminal case history, or CCH. A NJ DWI conviction, however, will always appear on a NJ driving abstract.
6. Can I expunge my NJ DWI records?
No. A NJ DWI is a traffic offense only. Only municipal ordinances, disorderly persons offenses, juvenile offenses, or certain indictable offenses can be expunged in New Jersey pursuant to N.J.S.A. 2C:52-1 - 2C:52-6
7. Will I go to jail for a first NJ DWI?
It is not likely. Absent any aggravating factors like an accident or a very high blood alcohol content [BAC], most first time NJ DWI offenders avoid a jail sentence. NJ.S.A. 39:4-50 does provide for up to 30 days jail sentence for first time NJ DWI offenders.
8. A suspected NJ DWI defendant must submit to Standard Field Sobriety Testing ["SFSTs"] or blood testing.
No. New Jersey has no implied consent for its drivers to submit to SFSTs or blood testing when requested. However, under State v. Ravotto, the police can use reasonable force to obtain a blood sample from a NJ DWI suspect. In addition, at trial the court can make an adverse inference as to a defendant's refusal to submit to requested SFSTs.
