New Jersey DUI/DWI Lawyers

New Jersey has some of the most severe drunk driving penalties in the country, which increase for repeat offenders, motorists who are under the age of 21, and those who refuse to take a breathalyzer test. Although drunk driving is a serious offense, it is not considered a crime in the state of New Jersey. Rather, driving while intoxicated or under the influence (DWI/DUI) is considered a traffic offense. Motorists facing a DWI/DUI charge are not entitled to a trial by jury, and a conviction is not eligible for expungement. In addition, a DWI/DUI conviction can result in thousands of dollars in fines, license suspensions, and even prison time.

Is There a Difference Between DWI and DUI?

Although DUI and DWI essentially mean the same thing, the main difference comes down to behavior versus blood alcohol content (BAC). DUI refers to behavior, whereas DWI refers to the driver’s BAC. For example, if a 140-pound woman drives home after having three glasses of wine at a bar and is rear-ended by another vehicle on her way home, the officer may smell alcohol on her breath and conduct a field sobriety test. However, if the test revealed that she had a BAC of over 0.09, because her blood alcohol was over the legal limit, regardless if she showed no signs of intoxication, she would be charged with a DWI instead of a DUI.

In the state of New Jersey, however, these two terms are interchangeable, and there are no separate offenses for DUI and DWI. Section 39:4-50(a) of the New Jersey Motor Vehicle Code states that prosecutors can pursue DWI/DUI charges against motorists who operate a motor vehicle while under the influence of alcohol, or who get behind the wheel of a car while having a BAC of 0.08 percent or more. It is important to understand that a motorist does not necessarily need to have a BAC above 0.08 percent to face a drunk driving conviction in New Jersey.

What are the BAC Limits in New Jersey?

The New Jersey Motor Vehicle Code states that having a BAC limit of 0.08 percent is considered legally drunk. However, there are actually five different BAC limits under New Jersey law, including the following:

• BAC limit of 0.08 percent: This establishes fault for DUI/DWI regardless of the level of driving impairment.
• BAC limit of 0.10 percent: This may result in additional fines, a longer driver’s license suspension, and other severe penalties.
• BAC limit of 0.15 percent: The driver may be required to install an ignition interlock device (IID) for a period of months, or even years after driving privileges are restored.
• BAC limit of 0.04 percent: Owners of commercial driver’s licenses may face DUI/DWI charges if operating a commercial vehicle while having a BAC of 0.04.
• BAC limit of 0.01 percent: According to New Jersey’s zero tolerance law, drivers under the age of 21 can be charged with DUI/DWI if they have any alcohol in their system.

Can I Refuse a Breathalyzer Test?

In the state of New Jersey, motorists are considered legally drunk if they have a BAC of 0.08 percent or higher. According to New Jersey’s implied consent law, if a motorist is arrested for DWI, they must submit to a breathalyzer test to determine the driver’s BAC. If a driver refuses the test, they will be fined up to $500 for a first offense and lose their license for seven to 12 months. A driver who refuses a test for a second time will face a two-year license suspension and up to $1,000 in fines. A third offense carries a 10-year license revocation and a $1,000 fine. Police officers must follow a set of rules when using the Alcotest device, the breathalyzer test used in New Jersey. The rules include the following:

• The officer may administer the Alcotest only if he or she has reasonable grounds to believe that the driver is under the influence of alcohol.
• The officer must let the driver know that he or she has the right to obtain a copy of the test results, and to receive a second BAC test from a qualified individual.
• If the driver refuses the test, the officer may not forcibly administer the test.
• The officer must inform the driver of the consequences of refusing to submit to the Alcotest.

A criminal defense lawyer will advocate for any motorist whose rights were violated by police during a DUI/DWI-related traffic stop. Drunk driving is illegal, but if a police officer violated the rules stated in the New Jersey Motor Vehicle Code, including those related to administering the breathalyzer test, an experienced lawyer may be able to help.