1. Do I get points on my licenses if I am found guilty of a DWI?

No, if you are convicted for a DWI or a refusal then you will not
receive any points on your driver’s license. However, you will have to pay heavy fines and your car insurance rates will go up a lot.

  1. Does New Jersey offer any temporary or work license programs for those convicted of a DWI offense?

No. In New Jersey, if a defendant is found guilty of a DWI or a Refusal charge, they must immediately give their driver’s license to the court. In the case of out-of-state drivers, the court cannot take their license but the driver can no longer drive in New Jersey. After the court takes your license, you cannot drive, at all.

  1. Why should I hire a lawyer for my DWI case?

When you hire a lawyer, they will look at the case facts such as a lack of probable cause to stop your car, inaccurate BAC results, or errors in the test process and so on. By doing this, they will establish a potential defense for your case. If you do not hire a lawyer, you will not be able to point out weaknesses in the prosecutor’s case. There is no plea bargaining in a DWI case so unless you build a proper defense, there is no way out.

  1. Does a DWI conviction in another State count as a prior conviction?

Yes. However, an experienced DWI attorney can and will argue that the constitutional guaranties of the prior state DWI conviction is illegal. Therefore, it is possible to make arguments that the out of state DWI conviction should not count as a prior conviction.

  1. What happens to my New Jersey driver’s license if I am convicted of a DWI in another state?

If a New Jersey resident is found guilty of a DWI in another state then their New Jersey driver’s license will become suspended. Once the out-of-state DWI conviction is finalized, it will be reported to New Jersey MVC. Then the NJ MVC will file a request to suspend of the defendant’s New Jersey driver’s license. Additionally, the defendant will receive related surcharges and will be required to attend IDRC classes.

  1. Can I be convicted for both a DWI charge and for a refusal to submit to a breath test?

In many cases, you can be charged with both; a DWI and a refusal charge. If convicted of both, then the Municipal Court judge must impose consecutive sentences for both convictions. New Jersey law defines these charges are as separate offenses, meaning the penalties and suspensions will be doubled.

  1. How do I expunge a DWI conviction from my record?

You don’t. In New Jersey, a DWI is not a criminal charge therefore you are not convicted of a criminal crime. This means a DWI will not show up in background checks and will not affect future jobs, buying a home or anything of the like. A DWI does however stay on your driving record and cannot be removed.

  1. Can I appeal my DWI conviction?

Yes but an appeal is not simply a do-over for your court case. There needs to be something that happened within your case to give you and your lawyer the right to appeal. An appeal is for pointing out mistakes and mishandlings of the case by the court in order to overturn your conviction.

  1. What is the difference between a DUI and a DWI?

DUI stands for “Driving Under the Influence” and a DWI is an acronym for “Driving While Intoxicated”. In New Jersey, there is no such thing as a DUI but only DWI. Both “influence” and “intoxicated” can represent alcohol or drugs. Whether you are charged with a DUI or DWI varies by state but they represent the same type of charge.

  1. After a DWI conviction, how do I get my driver’s license back?

You can pick up your new driver’s license at the DMV when your suspension has ended. However, just because the suspension has ended does not mean your license is good to use. When picking up your license, you will also have to pay a $100 restoration fee. If you do not do this and attempt to drive and get pulled over, you will be considered driving with a suspended license for DWI and could face jail time.