Elements of DWI

Posted on August 6, 2008 by Tom Martin

If you are charged with DWI under N.J.S.A. 39:4-50 in the State of NJ, in order to convict you of DWI, the State must establish with proof beyond a reasonable doubt that:

(1) you intended to operate or operated; 

(2) a motor vehicle that was capable of being operated; and 

(3) that this occurred while you were either: (a) under the influence of alcohol, hallucinogenic, narcotic, marijuana, or other habit-producing drug or (b) while having alcohol level of 0.08 % by weight of alcohol in either your breath or blood.

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