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DWI Appeals & Post-Conviction Relief in New Jersey
Introduction to DWI Appeals and PCR In New Jersey
A DWI conviction in New Jersey does not always have to be the end of your case. You may still have options to challenge the conviction or sentence through an appeal or post-conviction relief (PCR).
Unlike criminal convictions, DWIs are considered traffic offenses under Title 39 and cannot be expunged. That makes appeals and PCR petitions the primary means of correcting errors or reducing penalties. Strict deadlines govern both remedies, so acting quickly is critical.
DWI Appeals & PCR Options After a New Jersey DWI Conviction
After a DWI conviction in New Jersey, you may consider the following legal avenues:
- DWI Appeal
- Filed in the Law Division of the Superior Court.
- Challenges to legal or procedural errors made in municipal court.
- Must be filed within 20 days of conviction.
- Decided “de novo on the record” — no new evidence allowed.
- Possible outcomes: conviction affirmed, conviction reversed, case remanded for new trial, or sentence modified.
- Post-Conviction Relief (PCR)
- Petition filed in the same municipal court.
- Raises issues that are outside the trial record.
- Grounds include: ineffective assistance of counsel, invalid guilty plea, or newly discovered evidence.
- Must be filed within 5 years of conviction (exceptions possible for excusable neglect or fundamental injustice).
- Possible relief: new trial, vacated plea, or reduced sentence.
- Laurick Relief
- A special type of PCR.
- Prevents an uncounseled prior DWI conviction from being used to increase jail time in a later DWI.
- No filing deadline.
- Does not erase the conviction — fines and license suspensions still apply.
- Extended by State v. Konecny (2022) to specific driving-while-suspended jail enhancements.
- Expungement (Not Available for DWI)
- Expungement clears certain criminal convictions in New Jersey.
- DWIs cannot be expunged because they are traffic offenses under Title 39, not criminal charges.
- This makes appeals and PCR petitions the only paths to relief.
Key Takeaway: If you miss the 20-day appeal deadline or the 5-year PCR window, you may permanently lose your chance for relief.
How to File a DWI Appeal in New Jersey (NJ Law Division Process)
- Step 1: File a Notice of Appeal
- It must be filed within 20 days of conviction.
- Use the NJ Municipal Appeal Kit (CN 10559).
- Pay the required $100 filing fee.
- Step 2: Order the Trial Transcript
- Must be ordered and prepaid promptly.
- Failure to order the transcript can cause your appeal to be dismissed.
- Step 3: Serve Required Parties
- Serve the municipal prosecutor.
- Serve the municipal court administrator.
- File with the Law Division of the Superior Court.
- Step 4: Submit Legal Briefs
- Your attorney files a written brief explaining errors in the case.
- The prosecutor responds with their own brief.
- Step 5: Attend the Hearing
- The Superior Court judge reviews the case “de novo on the record.”
- No new testimony or evidence is presented.
- Step 6: Receive the Decision
- The judge may affirm the conviction, reverse it, remand for new trial, or modify the sentence.
Request a Stay Pending Your NJ DWI Appeal
- Under Rule 7:13-2, you can request a stay of sentence or license suspension while your appeal is pending.
- Courts consider the factors outlined in State v. Robertson (2017).
- Stays may be conditioned on safeguards, such as requiring installation of an ignition interlock device (IID).
Standards of Review for NJ DWI Appeals (Law vs. Appellate Division)
- Law Division (Superior Court):
- Reviews the case fresh, “de novo on the record” (Rule 3:23-8).
- The judge considers the municipal court evidence without hearing new testimony.
- Appellate Division:
- Reviews whether the Law Division’s decision could “reasonably have been reached on sufficient credible evidence” (State v. Johnson).
- Deferring to municipal court credibility findings (State v. Locurto).
DWI Post-Conviction Relief (PCR) in New Jersey
Grounds & Deadlines
- Grounds for PCR (Rule 7:10-2(c))
- Ineffective assistance of counsel.
- New evidence is not available at trial.
- Unconstitutional conviction or sentence.
- Invalid guilty plea.
- Plea Withdrawal (Rule 7:6-2(b))
- Courts apply different standards depending on timing:
- Before Sentencing, courts favor fairness.
- After Sentencing: Stricter; governed by the Slater test, which considers:
- Whether the defendant claims innocence.
- The reasons for withdrawal.
- Whether there was a plea bargain.
- Whether withdrawal would prejudice the State.
- Courts apply different standards depending on timing:
- Time Limit
- PCR must generally be filed within 5 years of conviction.
- Exceptions exist if strict enforcement would cause injustice.
Laurick Relief for DWI in NJ (Uncounseled Prior DWI Rules)
- Prevents prior uncounseled DWI convictions from being used to impose jail time in later cases.
- Does not erase the conviction — it still counts for fines and license suspensions.
- Recognized by State v. Laurick and expanded by State v. Konecny (2022).
- No statute of limitations applies — you can raise this issue anytime.
Recent New Jersey DWI Law Updates – Ignition Interlock & Suspension Credits
- 2019 Reform (L. 2019, c. 248):
- Ignition interlock devices (IIDs) became mandatory for most offenders.
- License suspensions shortened but tied to IID installation.
- 2023 Law (L. 2023, c. 191):
- Allowed voluntary IID installation before conviction.
- Can reduce or eliminate license suspension.
- Extended through 2029.
- 2025 Law (L. 2025, c. 41):
- Starting April 3, 2025, for every 2 days with an IID installed, drivers earn 1 day of credit toward suspension.
- Applies only to alcohol-related DWIs without serious injury.
- Sunset date: January 1, 2029.
- Example: 120 days with an IID = 60 days suspension credit.
New Jersey DWI Penalties & MVC Surcharges Explained
- First Offense (BAC 0.08–0.15):
- License suspension until the IID is installed.
- IID required for 3–12 months.
- Up to 30 days in jail.
- Fine of $250 to $500.
- First Offense (BAC 0.15+):
- License suspension 4–6 months.
- IID required for 9–15 months.
- Same fine and potential jail.
- Second Offense:
- 1–2 years suspension.
- 2–4 years IID.
- 48–90 days in jail.
- Higher fines.
- Third or Subsequent Offense:
- 8 years suspension.
- 180 days in jail.
- IID required for 2–4 years.
- $1,000 fine.
- MVC Surcharges:
- $1,000/year for 3 years (first or second offense).
- $1,500/year for 3 years (third offense within three years).
DWI Defense Issues That Support NJ Appeals or PCR
- Illegal stop or arrest.
- Violation of Miranda rights.
- Failure to follow proper breath test protocol (20-minute observation rule).
- Improper calibration of Alcotest devices.
- Inadequate or invalid plea colloquy.
- Step-Down Rule eligibility (State v. Revie).
New Jersey DWI Appeals & PCR FAQ
Can I appeal a DWI conviction in New Jersey?
Yes. Appeals must be filed within 20 days of conviction.
What is the difference between an appeal and a PCR?
An appeal challenges legal errors in the trial record.
PCR challenges issues outside the record, such as ineffective counsel or new evidence.
Can I get a stay of my suspension while appealing?
Yes. Courts may grant a stay under Rule 7:13-2, often conditioned on using an IID.
Can a DWI be expunged in NJ?
No. DWIs are traffic offenses under Title 39 and are not eligible for expungement under N.J.S.A. 2C:52-28.
Can I appeal if I pleaded guilty?
Possibly. Relief may come through PCR and a plea withdrawal motion. Courts apply the Slater factors when reviewing post-sentence requests.
What happens if I miss the 20-day deadline for filing an appeal?
You may lose the right to appeal, but PCR may still be available in some cases.
Do MVC surcharges still apply if my sentences are reduced?
Yes. If the DWI conviction stands, surcharges are imposed.
Contact us today
Contact our New Jersey DWI appeals attorneys today to preserve your rights
A DWI conviction in New Jersey cannot be erased from your record. However, appeals and PCR petitions offer essential opportunities to correct mistakes, reduce penalties, and safeguard your future.
Take action quickly. Missing the 20-day appeal deadline or the 5-year PCR limit can permanently bar your relief options. Speak with a New Jersey DUI lawyer from Aiello, Harris, Abate Law Group today!
Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
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