What is the Difference Between DWI and DUI in New Jersey?
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
How Does The State of New Jersey Classify Alcohol-Related Driving Offenses?
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:
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First Offense
Indefinite license suspension unless and until an interlock device is installed in the vehicle, depending on the BAC reading.
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Second Offense
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.
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Third Offense (or more)
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.