DWI vs. DUI in New Jersey

In New Jersey, driving while intoxicated (DWI) and driving under the influence (DUI) are essentially the same. Impaired driving offenses are all DWIs in our state. Even though DWI is the official legal term here, DUI is a popular equivalent.

If you’re facing a DWI charge in New Jersey, you need an experienced legal team that fully understands the relevant state laws. At the Law Office of Jason A. Volet, our criminal defense team has a proven track record of successfully representing clients facing all types of charges, including DWI and DUI offenses. We’re here to guide you through the criminal justice system, protect your rights, and fight for the best possible outcome in your case.

The stakes are high, so don’t face these charges alone. Get help from a New Jersey DWI lawyer. Together, we’ll craft a solid defense strategy tailored to your situation. Contact us today for a free, confidential consultation to discuss your situation and take the first step toward protecting your future.

What Is the BAC Limit for a DWI Charge in NJ?

The blood alcohol content (BAC) limit for a DWI charge in New Jersey is 0.08 percent or higher. If a person operates a motor vehicle with a BAC of 0.08 percent or greater in New Jersey, they can be found guilty of drunk driving. Exceeding this limit could have serious legal consequences, including the possibility of a DWI conviction. However, this limit only applies to drivers who are 21 or older.

What If the Driver Is Under 21 Years of Age?

Drivers under 21 have stricter BAC limits per New Jersey law. Drivers under the legal drinking age of 21 can face legal consequences if they test positive for a BAC of 0.01 percent or higher. Even a minimal amount of alcohol in an underage driver’s system could result in penalties such as fines, suspension of driving privileges, and mandatory community service.

How Are DWI Charges Proven in New Jersey?

Several key factors come into play when it comes to proving DWI charges in New Jersey. The prosecution typically relies on a combination of evidence and testimonies to establish its case, such as:

• BAC test results – Blood alcohol concentration (BAC) tests play a key role in many DWI cases. If test results show your BAC level is 0.08 percent or higher, they could serve as evidence of impairment. Breathalyzers and blood tests are common test types for measuring BAC levels.
• Field sobriety tests – Law enforcement officers often administer field sobriety tests to assess drivers’ coordination, balance, and cognitive abilities if they suspect impairment. Field sobriety tests like the walk-and-turn or one-leg stand are subjective and rely on officers’ observations. Challenging the reliability and accuracy of these tests can be an effective defense strategy.
• Law enforcement testimony – Testimony from arresting officers and other law enforcement personnel involved in your case could significantly affect the outcome. Prosecutors could present their observations of your behavior, appearance, and performance during the traffic stop to establish impairment.

How Are Drug Impairment Charges Proven In New Jersey?

Proving drug impairment in DUI cases is more challenging than proving alcohol impairment for several reasons. There are many different types of drugs, each with diverse effects and few or no standardized testing methods. Drugs also remain in the body for varying durations that differ from person to person. And with no universal thresholds for drug impairment, establishing clear-cut intoxication levels is tricky.

Here are some types of evidence prosecutors commonly use to prove drug intoxication in DWI cases:

• Law enforcement testimony – Because testing for drugs is more difficult on the scene, testimony from law enforcement officers plays an even larger role in DUI cases. Their observations, including signs of impairment or drug use, are used as evidence. Carefully examining this testimony for inconsistencies or procedural errors could be instrumental to your defense.
• Drug recognition experts – In drugged driving cases, prosecutors might call drug recognition experts (DREs) to evaluate suspected impaired drivers. DREs assess the presence and effects of drugs through standardized evaluation processes, which include physical examinations and interviews. Defense attorneys can challenge the qualifications and methodologies of DREs to question the validity of their conclusions.
• Blood or urine tests – Law enforcement might request blood or urine tests to determine the presence of drugs in your system. These tests are conducted by medical professionals and are subject to specific protocols. Proper handling, transportation, and analysis of these samples are critical. Any deviations from the established procedures can be grounds for challenging the validity of the results.

Are the Penalties for DWI and DUI Offenses Different?

In New Jersey, the terms DWI and DUI are used interchangeably to refer to the same offense with the same penalties. If convicted of a DWI in New Jersey, individuals could face consequences such as:

• License suspension
• Fines
• Jail time
• Mandatory participation in alcohol education or treatment programs
• Community service
• Ignition interlock device (IID) requirements

It is important to consult a qualified attorney to understand the specific penalties that could apply to your case based on your unique circumstances and record.

Can Additional Charges Be Included in a DWI/DUI Offense?

Additional charges can be included in a DWI offense in New Jersey. Some common additional charges related to DWIs in New Jersey include the following:

• Driving with a suspended license
• Refusal to submit a breathalyzer test
• Reckless driving
• Open container violations
• Drug possession
• Possession of drug paraphernalia

The penalties for these charges can vary depending on your specific circumstances. If you incur additional charges alongside a DWI in New Jersey, you should immediately seek guidance from a knowledgeable DWI attorney. They can provide the guidance you need and establish a comprehensive, personalized defense strategy on your behalf.

Contact a New Jersey DWI/DUI Defense Lawyer

If you’re facing a DWI or DUI charge in New Jersey, time is of the essence. Don’t delay. Contact the Law Office of Jason A. Volet now for a free and confidential consultation with a New Jersey DWI lawyer.

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About the Author

Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.