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Last Modified on Oct 24, 2025
As the seat of Morris County, Morristown has a lively downtown area that attracts visitors and residents alike. Home to restaurants, bars, coffee shops, and retail establishments, there is always something exciting to see and experience. If you’re visiting Morris County Municipal Court, you may be wondering, “What happens after a DWI in Morristown, NJ?” These cases are designed to be finished quickly in municipal court before a judge.
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Hire a DWI Lawyer
Navigating the criminal justice process alone can be confusing. Missed court dates or unpaid fines can result in steeper penalties. Instead, hire a DWI lawyer to help you through the process and ensure that you fully understand all of the expectations and obligations required of you after a DWI charge. At Wronko & Loewen, we have over 170 years of combined experience in negotiations and litigation. We have represented New Jersey residents since 1994.
The Prevalence of DWI in New Jersey
Information gathered by SafeHome reviews the prevalence of drunk driving in New Jersey. In 2023, 142 New Jersey residents were killed in alcohol-related traffic accidents. In 2024, there were 18,251 suspected DWI arrests.
DWI Timeline in New Jersey
The DWI process can be complicated, but the process of a DWI charge in New Jersey can be broken into seven steps:
- Arrest and summons. The first step is most often an interaction with an officer during a traffic stop. You have to be observed making a traffic violation for the officer to have reasonable suspicion to pull you over.If the officer observes common signs of impairment, he may conduct field sobriety tests. Common signs of impairment include:
- Smell of alcohol
- Bloodshot eyes
- Slurred speech
- Confusion
Common methods of field sobriety testing include:
- Walk-and-turn
- One-leg stand
- Horizontal gaze eye test
Failing these tests gives officers probable cause to transport you to the station for chemical testing. You are legally obligated to submit to chemical testing under implied consent laws. Refusing the chemical test can lead to fines, fees, and license suspension.
If you fail the chemical test, you are then arrested, and your car is impounded for 12 hours. You receive a summons listing your charges and the date of your first appearance in municipal court.
- Arraignment. During your first appearance, you are arraigned. At this time, the judge should advise you about the charge, explain your rights, and ask you to plead to the charge.Failure to appear can result in a bench warrant being issued for your arrest and an order for your license to be suspended. It is advised that you have a reputable DWI attorney at this phase. If you do not have an attorney, you can request a postponement to hire a DWI attorney.
- Pretrial conference, discovery, and motions. During this phase, your attorney can review whatever evidence the prosecution has against you. Delays in discovery could be grounds for dismissal. This is also the phase in which your attorney submits any necessary pretrial motions. Common motions include motions to suppress evidence, exclude statements, and offer challenges to the legality of the stop.
- Suppression hearing and challenges. If challenges are made against any of the evidence, a suppression hearing should be scheduled. If the evidence suppressed is crucial, the case may be dismissed. Common reasons evidence is challenged include:
- No reasonable suspicion for the initial traffic stop
- No probable cause for the arrest
- Issues with the field sobriety tests
- Errors with the chemical testing
- Miranda warning violations
- The trial process. Trials for DWI are held in municipal court. There is no right to a jury trial, so all trials are bench trials heard exclusively by the judge. The prosecution must prove your guilt beyond a reasonable doubt. The trial proceeds as follows:
- The prosecution presents evidence.
- The defense cross-examines witnesses, challenges evidence, and presents its own witnesses.
- The judge rules on guilt or innocence.
- Sentencing. If you are convicted of DWI, the penalties could include fines, fees, jail time, community service, license suspension, and driving courses or programs. The exact penalties depend on the blood alcohol concentration level and whether it is a first, second, or third offense.
- Appeals. You have only 20 days to file an appeal after a DWI conviction. Appeals only look at possible legal or procedural errors and do not consider new evidence.
FAQs
How Can I Beat a DWI in New Jersey?
To beat a DWI in New Jersey, you have to demonstrate that legal or procedural issues were made during your initial arrest or while undergoing chemical testing. A knowledgeable DWI attorney can identify if these issues are present in your case and make a motion to have evidence suppressed if it was obtained illegally. You could also have charges dismissed by completing diversion programs.
Can You Hire an Attorney to Appear for You in DWI Court?
Yes, you are allowed to have your DWI attorney appear for you in court for a DWI charge. However, you likely need to be present for the final disposition. In New Jersey, your attorney can appear on your behalf for the initial arraignment. Allowing your attorney to appear on your behalf and communicate with the court for you can help you better manage the situation and complete any requirements without having to appear in court.
What Are the Penalties of a DWI Conviction?
If convicted of a DWI in New Jersey, the possible penalties include fines, fees, jail time, community service, and alcohol-related programs or courses. In addition, the DWI conviction stays on a driving record forever and can negatively affect your ability to hold employment with certain companies. You may also face vehicle forfeiture or increased insurance rates.
Can I Have a DWI Expunged From My Record?
Unfortunately, DWI convictions are not eligible for expungement. In New Jersey, a DWI conviction is a traffic offense and not a criminal offense, which excludes it from expungement. A DWI charge stays on a driving record forever. However, the DWI only stays on your criminal record for 10 years from the date you finish your sentence.
Contact Wronko & Loewen
Named a New Jersey Super Lawyer every year since 2006, Attorney Wronko is recognized as one of the top criminal defense attorneys in New Jersey. Wronko & Loewen have successfully represented hundreds of clients in every county. Contact our office today for a confidential consultation.
