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In some states, DWI (driving while intoxicated) and DUI (driving under the influence) are terms that carry different meanings or imply varying degrees of impairment. However, in New Jersey, this distinction does not exist. The state uses these terms interchangeably to describe the offense of operating a vehicle under the influence of alcohol or drugs.
Regardless of whether the term DUI or DWI is used, the law focuses on the impairment of the driver’s ability to operate a vehicle safely. New Jersey law, specifically under N.J.S.A. 39:4-50, states that a person is guilty of a DUI/DWI if they operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. But it is not just alcohol that can lead to a DUI/DWI charge; impairment due to prescription medications, illegal drugs, or even over-the-counter medications can also result in a DUI/DWI charge.
Penalties
New Jersey takes DUI/DWI offenses seriously, with penalties increasing significantly with each offense.
The state classifies these offenses and assigns corresponding penalties as follows:
Indefinite license suspension unless and until an interlock device is installed in the vehicle, depending on the BAC reading.
The penalties increase to include higher fines, longer license suspension periods (up to 2 years and interlock up to 4 years), and possible jail time between 2 and 90 days.
For third and subsequent offenses, the penalties become even more severe, including an 8-year license suspension, 4 years interlock, 6 months jail, 3 of which may be served in an inpatient treatment facility.
Other Fees
DUI/DWI offenses in New Jersey also carry additional financial burdens, including:
A $100 surcharge to the Drunk Driving Enforcement Fund
A Motor Vehicle Commission restoration fee of $100
A Violent Crimes Compensation Fund fee of $50
A Safe and Secure Community Program fee of $75
$3k Surcharge from the State of NJ and Community Service for Second Offense
IDRC, Intoxicated Driver Resource Center classes 12-48 hours
The state also mandates the installation of an ignition interlock device for DUI offenses, adding to the financial and logistical consequences of a DUI/DWI conviction.
In New Jersey, the law is particularly stringent on underage drinking and driving. If you are under 21 and caught driving with any alcohol in your system, you face severe penalties, even if your BAC is below the standard legal limit for adults. The penalties can include a license suspension for 30 to 90 days, community service, and mandatory participation in an alcohol education program at the IDRC.
Driving with a suspended license, especially when that suspension is due to a DUI/DWI conviction, compounds your legal troubles significantly. The penalties for this offense are harsh and include additional license suspension, hefty fines, and potential 10 days minimum jail time. This serves as a deterrent and emphasizes the importance of adhering to the terms of your initial suspension.
For first-time offenders, New Jersey law does not mandate jail time, but it is a possibility, especially if certain aggravating factors are present, such as a high BAC level or causing an accident while DUI/DWI. However, for second and subsequent offenses, jail time becomes part of the mandatory penalties. The law is designed to penalize repeat offenders more harshly, underlining the state’s commitment to reducing drunk driving incidents.
Being stopped by law enforcement for a suspected DUI/DWI in New Jersey can be a stressful and confusing experience. Knowing what to expect can help you navigate this situation more effectively. Here is a rundown of what typically happens:
The officer will pull you over if they suspect you are driving under the influence, which could be due to erratic driving, a traffic violation, or passing through a DUI checkpoint.
The officer will observe your behavior, speech, and any sign of intoxication such as odor and slurred speech from the moment they approach your vehicle. They will ask for your license, registration, and insurance. They may also ask if you have been drinking or are under the influence of drugs. The officer may ask the driver to exit the vehicle to perform field sobriety tests.
If the officer believes there is enough evidence to charge you with a DUI/DWI, you will be arrested and taken to a local police station. Here, you will likely be asked to submit to a formal breath, blood (if taken to the hospital instead of the police station), or urine test for alcohol or drugs.
This test measures your blood alcohol content (BAC) from a breath sample. Again, a BAC of 0.08% or higher is considered over the legal limit for drivers 21 and over in New Jersey.
Once at the station, you will be processed, which includes taking your personal information, fingerprinting, and possibly holding you until you are sober or someone comes to pick you up.
Rights
If you are stopped in New Jersey on suspicion of DUI/DWI, knowing your rights is important. These rights are designed to protect you, and being aware of them can significantly impact the outcome of your situation. Here is what you need to know:
From the moment you are stopped, you have the right to remain silent. While you must provide your license, registration, and insurance information, you are not required to answer questions about where you have been, whether you have consumed alcohol or drugs, or any other inquiries that could incriminate you. Politely inform the officer that you are choosing not to speak without an attorney present. Do NOT share your story or try to explain your situation to law enforcement without an attorney present. Anything you say can and will be used against you in court.
In New Jersey, you have the right to refuse to perform field sobriety tests (FSTs) without direct legal penalties for the refusal itself. However, it is important to note that refusal can lead to further investigative steps by the officer, including a request for a Breathalyzer test. Although you cannot be charged with an additional offense of refusal to perform field sobriety tests, it does create an adverse inference in the mind of a Judge that would be considered as a contributing factor of guilt beyond reasonable doubt of DUI.
You can refuse the handheld Breathalyzer test offered at the roadside without statutory penalties, but this refusal can be used by the officer as a basis to arrest you for DUI/DWI based on other observations.
In New Jersey, by operating a vehicle on our roads, you are considered to have given your consent to submit to a Breathalyzer test if you are arrested for DUI/DWI. Refusing to take this test at the police station can lead to additional penalties, even if you are not ultimately convicted of DUI/DWI. These penalties may include license suspension, mandatory installation of an ignition interlock device, fines, and surcharges. These consequences for refusal are separate from, and in addition to, any penalties that may arise from the DUI/DWI charge itself. Refusal to submit to a breath test constitutes a violation of the implied consent law, resulting in an additional charge.
You have the right to consult with a New Jersey defense attorney as soon as practical after your arrest. While you might not be allowed to have an attorney present during the administration of a Breathalyzer test, securing legal representation immediately after is crucial for your defense.
Regardless of the circumstances leading to a DUI/DWI stop, you have the right to be treated fairly and without discrimination. This includes the right to a fair trial and the presumption of innocence until proven guilty.
Preparation
If you or someone you know is facing DWI/DUI charges in New Jersey, the single most critical step is to consult with an experienced New Jersey DUI attorney immediately. An attorney who specializes in DUI/DWI cases can offer invaluable advice, represent you throughout the legal process, and work to achieve the best possible outcome given your circumstances.
A skilled attorney will review the specifics of your case, including how the sobriety tests were conducted, the circumstances of your arrest, and whether your rights were respected throughout the process. They will also advise you on the best course of action, whether that is negotiating a plea deal, challenging the charges based on procedural errors or violations of your rights, or taking your case to trial.
A DUI/DWI charge in New Jersey is a serious matter with potential long-term consequences. But with the right DUI attorney, New Jersey residents can navigate this challenging situation with confidence, knowing that they are doing everything possible to protect their future.