If you’ve been arrested for DWI in New Jersey, you may wonder if you’re entitled to a trial by jury. 
As the law currently stands, DWI defendants in New Jersey do not have the right to a jury trial. Instead, these cases are heard in municipal court, where a judge evaluates the evidence and renders the verdict.
This is because a DWI in New Jersey is classified as a traffic violation rather than a criminal offense. The state argues that treating DWI cases this way helps reduce court costs. However, the penalties associated with a DWI conviction—including steep fines, license suspensions, surcharges, and even potential jail time—often rival the severity of criminal charges in other states.
The Debate Over Jury Trials for DWI Cases
In recent years, there has been growing debate about whether New Jersey’s approach to DWI cases is fair. Critics argue that because DWI penalties can significantly impact a person’s life, defendants should have the same rights as those facing criminal charges, including the right to a jury trial.
For example, a fourth DWI conviction can result in severe penalties, such as extended incarceration, fines, and a permanent loss of driving privileges. Advocates for reform contend that the severity of these punishments warrants a jury trial to ensure fairness.
The issue is now being considered by the New Jersey Supreme Court, which is reviewing arguments in a case involving a man convicted of his fourth DWI. This decision could lead to significant changes in how DWI cases are handled across the state.
What This Means for You
For now, DWI cases in New Jersey remain under the jurisdiction of municipal courts, with no option for a jury trial. This means the judge alone will determine your guilt or innocence. Because of this, it’s critical to have an experienced DWI attorney who understands the system and can build a strong defense on your behalf.
An experienced lawyer can identify weaknesses in the prosecution’s case, such as errors in field sobriety tests, improper calibration of breathalyzers, or violations of your rights during the arrest. These strategies can help reduce charges, minimize penalties, or even result in a dismissal of your case.
Why Choose Reisig Criminal Defense & DWI Law?
For nearly 30 years, Reisig Criminal Defense & DWI Law has been one of New Jersey’s most trusted names in DWI defense. With over 1,400 cases successfully handled, Matthew Reisig and his team have a proven track record of helping clients avoid conviction and protect their driving privileges.
Here’s what sets them apart:
- Extensive Experience: Decades of defending DWI cases in New Jersey courts.
- Deep Knowledge: Familiarity with local judges and prosecutors, allowing for strategic defense planning.
- Personalized Attention: Each case is approached with care, ensuring your unique circumstances are considered.
- Proven Results: From case dismissals to reduced penalties, Reisig Criminal Defense delivers results that matter.
Protect Your Future
While reforms to New Jersey’s DWI system may be on the horizon, current laws make it essential to have skilled legal representation. If you’ve been arrested for DWI, don’t face the charges alone. Call Reisig Criminal Defense & DWI Law at 732-625-9660 for a free consultation.
With nearly three decades of experience, Reisig Criminal Defense & DWI Law is committed to providing the strong defense you need. Take the first step toward protecting your rights and securing the best possible outcome today.
