The DWI Court Process in New Jersey:

Steps and What to Expect

In New Jersey, DWI cases are heard in municipal court without a jury. They must generally proceed quickly — often resolved within 60 days — although defendants retain essential rights, such as discovery, motions, and post-conviction remedies.

This guide explains the New Jersey DWI court process, including the steps involved, how municipal courts handle cases, the hearing process, suppression hearings, bench trials, plea bargaining, sentencing, recovery court alternatives, appeals, and why having an experienced New Jersey DUI lawyer is crucial.

NJ DWI Case Timeline

Understanding the New Jersey DUI Court Process

Step 1: Arrest & Summons/Complaint

• Traffic Stop: Most DWI cases begin when an officer observes a traffic violation (speeding, weaving, improper turn, or equipment issue). This gives “reasonable suspicion” to pull the driver over.
  • Review our guide on DWI checkpoints in New Jersey.
• Initial Contact: The officer looks for signs of impairment, such as the odor of alcohol, bloodshot eyes, slurred speech, or difficulty with fumbling for documents.
• Field Sobriety Testing: If impairment is suspected, the officer may ask the driver to perform standardized tests, including the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (eye test). Performance is subjective and often challenged later in court.
• Breath Test Request: If probable cause exists, the driver is transported to the station for an Alcotest breath test. Refusing this test triggers separate penalties under N.J.S.A. 39:4-50.4a.
• Arrest: Once probable cause is established (failed sobriety, refusal, or BAC over the limit), the driver is arrested under N.J.S.A. 39:4-50.
• Vehicle Impound: By law, the car is impounded for 12 hours under N.J.S.A. 39:4-50.23.
• Summons Issued: A summons (ticket) is issued, listing the charges and the first appearance date in municipal court.

Step 2: NJ DWI Arraignment Process in Municipal Court

• Occurs at your first municipal court date, usually listed on your summons
• The judge formally advises you of the charges under N.J.S.A. 39:4-50
• Your rights are explained: the right to counsel, the right to remain silent, and the right to a trial.
• You will be asked to enter a plea of guilty or not guilty.
• If you fail to appear, the court may issue a bench warrant and suspend your license.

Step 3: Pretrial Conference, Discovery & Motions

• Your DWI defense attorney receives and reviews evidence, including police reports, video, Alcotest results, calibration and maintenance logs, and officer training records.
• Defendants have broad discovery rights in municipal court.
• If the state fails to provide discovery promptly, your attorney may file a Holup motion to compel disclosure or seek dismissal.
• Common pretrial motions include motions to suppress evidence, to exclude statements, or to challenge the legality of the stop.

Step 4: NJ DWI Suppression Hearing and Evidence Challenges

A suppression hearing is held if the defense challenges the admissibility of evidence.

Common grounds include:

• Lack of reasonable suspicion for the initial stop (traffic stop not justified).
• Lack of probable cause for the arrest (insufficient signs of intoxication).
• Improper or non-standardized field sobriety testing.
• Failure to follow the 20-minute observation rule before Alcotest breath testing (State v. Chun).
• Calibration errors or missing foundational documents for the Alcotest machine (Chun, Kuropchak, Zingis).
• Miranda violations (failure to advise of rights before custodial questioning).
• If the judge suppresses critical evidence, the state may be unable to proceed, and charges could be dismissed.

Step 5: DWI Trial Process NJ – No Jury Trial in Municipal Court

• All DWI trials in New Jersey are bench trials — there is no right to a jury trial in municipal court.
• The prosecutor presents evidence: officer testimony, police reports, breath or blood test results, and any video evidence.
• The defense may cross-examine witnesses, challenge test results, and present defense witnesses
• The judge determines guilt or innocence. The state must prove the charge beyond a reasonable doubt.

Step 6: New Jersey DWI Sentencing Process: Repeat DWI Penalties and Compliance

• If convicted, sentencing depends on whether it is a first, second, or third offense.
• First Offense (N.J.S.A. 39:4-50): fines and surcharges, 7–12 hours at the Intoxicated Driver Resource Center (IDRC), ignition interlock device (IID) required during suspension and for months after, license suspension length depends on BAC.
• Second Offense: Higher fines and surcharges, 2–90 days in jail (often intermittent), 1–2-year license suspension, 2–4 years of IID use after restoration, and mandatory IDRC.
• Third Offense: up to 180 days in jail (with credit for inpatient treatment), 8-year license suspension, 2–4 years IID use, and significant fines.
• Additional Requirements: IDRC includes evaluation, education, and referral for treatment. Non-compliance can result in further suspension or imprisonment.
• IID is governed by N.J.S.A. 39:4-50.17; early installation may sometimes result in reduced DWI penalties.
  • Review our guide on DWI penalties in New Jersey.
  • Review our guide on Alternative sentencing in New Jersey DWI/DUI cases.
• Step-Down Rule: after 10 years between DWI convictions, a later offense may be sentenced one tier lower (State v. Revie).
• Post-Conviction Relief (PCR): defendants may challenge prior convictions that were uncounseled or constitutionally flawed (State v. Laurick).