NJ NEW JERSEY DWI DEFINITIONS
Becoming Fluent in NJ DWI and DUI Terminology
When facing charges of DWI, DUI, or refusal in New Jersey, it’s crucial to understand the legal language used during legal proceedings. At Todd Spodek Law Group, we understand how tough it can be for clients to keep up with unfamiliar jargon. This article aims to provide a comprehensive list of essential terms you should familiarize yourself with:
Blood Alcohol Tests and Blood Tests
Being charged with DWI or DUI means you’ll be subjected to blood alcohol tests to determine the alcohol concentration in your blood. Your blood is drawn by medical personnel that administer the test requested by a law enforcement officer.
Breathalyzer and Breath Test
In a New Jersey DWI or DUI case, law enforcement officers use an instrument known as a breathalyzer to get a breath sample from suspects. The breathalyzer measures the blood alcohol concentration (BAC) based on the amount of ethanol found in exhaled air. A breath test is another term describing this type of instrument used in these circumstances.
Burden of Proof
The burden falls on the state to prove beyond reasonable doubt that you are guilty of criminal offenses such as DWI, DUI or refusal in New Jersey. For instance, when determining whether or not someone was driving under the influence of drugs or alcohol, prosecutors must show sufficient evidence that they were over the legal limit at the time they were pulled over.
Check Off
This term describes every step undertaken by police officers when completing an Alcohol Influence Report (AIR). The AIR comprises paperwork detailing written observations about specific behaviors and quantities that serve as evidence against defendants who are alleged DWI/DUI offenders.
Admissibility
Evidence extracted during roadside sobriety testing can often determine admissibility questions under examination. Admissibility pertains to whether or not witnesses accounts, physical evidence like alcohol containers found in vehicles, videos recorded by dashcams and body-worn cameras, and more can be submitted in court as admissible evidence.
Acquittal
A finding of not guilty or any other resolution of a case wherein the defendant is found to be not guilty. This could include charges being dropped altogether, a verdict in favor of the accused during
appeal hearings, or the jury determining they cannot find the defendant guilty beyond reasonable doubt.
Abstract and Driving Record
An abstract serves as documentation of driving history that is provided by New Jersey’s Division of Motor Vehicles (DMV). The abstract provides information on your driving habits like license suspensions, moving violations, accidents or convictions
Allow
‘Allow’ refers to a specific charge written into legislation to punish those who allow an intoxicated driver to operate their motor vehicles with permission- even passengers. Penalties could range from small fines up to twelve months imprisonment for repeat offenders.
Todd Spodek Law Group – Dedicated Legal Representation for NJ DWI and DUI Defense
If you’re facing charges of DWI, DUI or refusals in New Jersey,you should get professional legal guidance and support for navigating through complicated legal situations. At Todd Spodek Law Group, we provide our clients with experienced representation at each stage to ensure a fair and just outcome. Our criminal defense attorneys have years of experience representing clients who have been charged with DWI/DUI offenses. Contact our offices today for a consultation with one of our experienced attorneys to protect your rights.
Important Terminology in NJ DWI
Information overload can create confusion and uncertainty when dealing with the complexity of law related terms during legal proceedings surrounding DWI, DUI cases in New Jersey. Understanding critical terminologies from this list will help break down potential barriers:
Blood Alcohol Tests/BATs: Substances administered by health personnel showing how much alcohol is present in blood samples.
Breathalyzer/Breath Test: Measures the amount of alcohol consumed by individuals through their breath.
Check Off: Details recorded as evidence by investigating officers detailing DUI/DWI suspects’ observed behaviors or quantities when filling Alcohol Influence Report (AIR).
Admissibility: The extent to which the law allows the scope and spectrum of evidence admissible in NJ DWI court cases.
Acquittal: A verdict concluding that a defendant is innocent, found not guilty or the prosecution fails to prove guilt beyond any reasonable doubt
Allow: This a charging terminology included under the legislative provisions that sanctions anyone authorized a drunk driver’s use of their motor vehicle.
The following list illustrates essential legal terminology around DUI cases in New Jersey:
Abstract/Driving Record : Driving records from Division of Motor Vehicles (DMV), indicating history of driving patterns like convictions, suspensions, moving citations/accidents
Blood Test : Legal procedure requiring examiners collecting blood samples from those facing DWI Charges
Breath Test/Breathalyzer : Measures how much alcohol content there is in breath emissions
Burden Of Proof: It is up to prosecutors and the state legal system to establish adequate proof beyond reasonable doubt that someone charged with criminal DUI offenses such as refusing to submit to BAC chemical tests should be convicted.
Todd Spodek Law Group – Trusted Legal Support for NJ DWI and DUI Defense
Being charged with DUI or DWI comes with severe repercussions that could critically impact your life. With our experienced team at Todd Spodek Law Group, clients are provided professional attorneys dedicated and passionate about defending clients in NJ DWI/DUI cases. Contact us right away if you’re facing charges of refusal, DWI or DUI. We will represent your interests effectively throughout every stage of legal proceedings while protecting your rights.
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS