Moschella Law
Back to all FAQsDWI/DUI & Breathalyzer Refusal

What Must the State Prove to Convict Me of DUI or Refusal?

In New Jersey, DUI and Refusal charges require proof beyond a reasonable doubt of several key elements:

  1. Operation of a Motor Vehicle – The prosecution must prove you were driving.
  2. Reasonable Suspicion for the Stop – Police must have had a valid reason to pull you over.
  3. Probable Cause for Arrest – There must be evidence suggesting intoxication (e.g., failed sobriety tests or erratic driving).
  4. Sufficient Evidence of Impairment – This may include breathalyzer results, officer testimony, or field sobriety tests.

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