New Jersey DWI v. DUI: What Is the Difference?

  • Dan T. Matrafajlo
  • Sat Sep 2021
  • DWI,
  • 0

You cannot drive under the influence of any controlled substance, especially alcohol, in all 50 states. However, each state has enacted slightly different laws and uses different terminology to describe drunk driving. The two terms commonly used in most states to describe driving while intoxicated are “DWI” and “DUI.” DWI stands for “driving while intoxicated.” DUI stands for “driving under the influence.”

DWI Attorney

The terms DWI and DUI are used interchangeably to describe drunk driving in the state of New Jersey. In other words, both terms have the same meaning, and each can be used without error. Prosecution and sentencing for both DWI and DUI fall under the same statute – N.J.S.A. 39:4-50 (Driving While Intoxicated). Conviction of a DWI or DUI involves the same penalties and consequences under New Jersey law.

Penalties & Requirements for a New Jersey DWI/DUI 

Although New Jersey does not distinguish between a DWI and DUI conviction, punishments are not the same for every case. The penalties depend on various several factors, of which the most important is whether this was a first or subsequent offense and conviction. Other factors that impact the penalties associated with a drunk driving conviction are age and your blood alcohol content (BAC).

A drunk driving conviction can carry penalties if:

  • Driver is under the legal drinking age of 21 and has a BAC of 0.01%, OR
  • Driver is over 21 years of age and has a BAC of 0.08% or higher

You do not have to submit a BAC test to be found guilty on DUI charges. The consumption of any controlled substance (such as alcohol, prescription drugs, over the counter medication or illegal drugs) while operating a vehicle can be grounds for a DWI arrest. The specific penalties for a DWI conviction vary depending on the different levels outlined under the law.

What You Should Do If Pulled Over for Drunk Driving

If you are pulled over on the suspicion of driving while intoxicated, you need to take certain steps to avoid an arrest. Our experienced New Jersey DWI attorneys recommend the following:

  • Stay in your car. When you are pulled over, you should remain in your car and place your hands on the steering wheel until the officer instructs you otherwise.
  • Stay calm. In order to avoid making mistakes or unnecessarily raising any suspicion, you should stay as calm as possible.
  • Be polite and courteous. One sure way to increase your chances of a drunk driving arrest is to become hostile or antagonistic with the office who pulled you over. Instead, you should remain polite and courteous and answer the officer’s questions as best as you can.
  • Take a breathalyzer. New Jersey law mandates motorists to submit to a breath test. However, if the officer asks you to submit to the Alcotest improperly, the results will be deemed inadmissible.  

If you are still arrested for drunk driving despite taking these steps, you should immediately consult with an experienced New Jersey DWI attorney to protect your legal rights.

Call a DWI Attorney in New Jersey

If you or someone you know has been issued a DWI citation or arrested for drunk driving in New Jersey, an experienced DWI attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404 to schedule a free, complimentary consultation with our legal team today.

Dan T. Matrafajlo

Dan T. Matrafajlo

NJ State Bar #: 031722003

Dan T. Matrafajlo, Esq., is the managing member and lead partner at Beninato and Matrafajlo, Attorneys at Law, LLC. Renowned for groundbreaking contributions to personal injury law, he has set legal precedents with influential Appellate decisions and garnered recognition in the New Jersey Law Journal. A consistent honoree on Super Lawyers' Rising Star list for the past five years, Matrafajlo's litigation prowess is widely acknowledged. He has won various awards like Super Lawyers, Thomson Reuters Association 2019, and Nominated into Super Lawyers as a Rising Star from 2012 until the Present.

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