ANATOMY OF A DWI/DUI CASE: WHAT TO EXPECT

Here’s the scenario: you’ve been arrested for DWI or DUI. You’ve never been arrested before in your life. You’re embarrassed, upset and worried about what’s going to happen to you.

Let me help you with the last of these concerns. Presented below are seven different “stages” that a New Jersey DWI or DUI case can involve, from start to finish. Please bear in mind that each case is different and can proceed differently from this general guide.

1. Arraignment:

Typically occurring within a few days of your arrest is an appearance before the Court called the arraignment. The purpose is to inform you of the nature of the charges against you. If you have retained a DWI or DUI attorney, this appearance can often be waived. Some judges, however, will require you to appear for the arraignment, whether or not you have retained counsel.
 

2. Initial Court Date:

Shortly after the arraignment date, you and/or your DWI or DUI attorney will be advised, by mail, of a Court date, which will typically be three or four weeks later. If all discovery has been obtained by that point and thoroughly analyzed, and all necessary witnesses and evidence are ready, your case can be resolved on that date, either by means of a trial or, more often, by means of a plea being entered. Very often, however, your attorney will ask for a brief adjournment of that initial date because discovery has not been provided in full or for other meritorious reasons relating to the defense of your case.
 

3. Motion Practice and Hearings:

Your DWI/DUI attorney may file a motion or motions with the Court. Motions in these kind of cases typically are motions to suppress the evidence that the State will rely upon in trying to prove its case against you. Not surprisingly, this is called a Motion to Suppress, and is typically brought at the time of trial.
 

4. Plea Bargaining:

One of the things that often happen prior to trial in New Jersey’s Municipal Courts is plea bargaining. Although New Jersey’s Supreme Court has emphasized recently that there can be no plea bargaining of DWI or DUI charges, the charges that often accompany the DWI or DUI charges can be the subject of plea bargaining. Additionally, if the State believes that it is unable to prove its case against you beyond a reasonable doubt, it can and should dismiss or reduce the charge.
 

5. Jury Trials:

Given the severe economic and emotional impact of DWI or DUI sentences, most citizens might think that they will receive a jury trial for their DWI or DUI charge. While this is so in many States, it is not in New Jersey. The Municipal Court Judge in the municipality in which your DWI or DUI ticket was issued will preside over your trial and will determine the outcome based on the evidence presented and the applicable law.

6. Sentencing:

Whether you are found guilty after a trial on your DWI or DUI case or you’ve entered a plea agreement, the Court will impose a sentence. Depending on the specifics of the charge(s) you were found guilty of or pled guilty to, and the facts, the Court’s sentence can include license suspension, fines, attendance at Intoxicated Drivers Resource Centers, alcohol education class, interlock devices placed on your ignition, jail time, restitution and community service. Some of these may be mandatory in your situation.
 

7. Appeals:

If you believe the Municipal Court made a mistake in deciding your case, either in applying the law or in considering the facts before it, you have the right to appeal its ruling to the Superior Court. The Superior Court has the power to overturn the Municipal Court’s ruling.