NEW JERSEY
DRUNK DRIVING and BREATH TEST REFUSAL:
WHAT TO DO IF YOU ARE STOPPED OR ARRESTED

WELCOME!

This website is offered as a public service to help explain the laws in New Jersey and was prepared by John Menzel, J.D., a premiere drunk driving defense attorney serving clients in courts throughout the entire State of New Jersey.

Once, the terms "drunk driving," "driving while intoxicated," "driving while impaired," "DWI," "driving under the influence," and "DUI," were terms with significant legal distinctions with significantly different legal consequences.  But today in New Jersey, these terms have come to mean the same thing:  a violation of New Jersey Statute 39:4-50.  If you or someone you know faces a violation of N.J.S. 39:4-50, here is some information to help understand what happens, what's at stake, and what to do when faced with a motor vehicle stop or arrest for drunk driving in New Jersey.

John Menzel, J.D., and the law firm of Moore & Menzel have defended people in thousands of drunk driving cases in hundreds of municipal courts throughout New Jersey and criminal cases in Superior Court.  He has argued appeals up to the New Jersey Supreme Court, and appeared in the Federal District Court and Third Circuit Court of Appeals on habeas corpus petitions filed for people charged with drunk driving in New Jersey.  A member of several bar associations devoted to criminal and DUI defense, also arbitrates in New York City Civil Court and teaches law at Ocean County College.

To learn more about New Jersey's DWI laws, click on any of the following topics:

HOW THE PROCESS WORKS

• Your Constitutional Rights
• Your Statutory Obligations
• Dos and Don'ts When Stopped for Drunk Driving
• Dos and Don'ts When Arrested for Drunk Driving
• The Steps of Litigation
• When and How to Plead
• What the State Must Prove to Convict You
• What the State Must Prove to Show a Breathalyzer Reliability
• Documents You Should See Before Deciding What to Do
• Additional Trial Preparation: When to Hire an Expert

PENALTIES DEFENDANTS FACE

• Aggravating and Mitigating Factors
• Drunk Driving: First Offense Penalties
• Drunk Driving: Second Offense Penalties
• Drunk Driving: Third Offense Penalties
• Breath Test Refusal: First Offense Penalties
• Breath Test Refusal: Second Offense Penalties
• Breath Test Refusal: Third Offense Penalties
• Underage Operation With a BAC in Excess of 0.01 %

MORE INFORMATION
ABOUT JOHN MENZEL, J.D., and MOORE & MENZEL