How Does New Jersey Differentiate Between DUI and DWI Offenses?
Many states have different laws in place for driving under the influence (DUI) vs. driving while intoxicated (DWI). In New Jersey, however, there is only one drunk driving law, and these two terms are mostly used interchangeably. Even so, there are some differences you may encounter if you are charged with DUI vs. DWI. It’s important to consult with a New Jersey car accident attorney for legal guidance.
What Is a DWI in New Jersey?
The term DWI is used most often in New Jersey drunk driving criminal cases. According to New Jersey Statutes Annotated § 39:4-50(a), “driving while intoxicated” is the crime of operating a motor vehicle while under the influence of “intoxicating liquor, narcotic, or habit producing drug.”
DWI also describes operating a motor vehicle with a blood alcohol concentration (BAC) level at or above 0.08 percent. A first-offense DWI conviction in New Jersey can come with jail time, fines and driver’s license suspension. However, the charges can be enhanced and come with more severe penalties if the driver has a higher BAC or causes an accident.
What Is a DUI in New Jersey?
DUI and DWI generally refer to the same crime in the State of New Jersey. On a legal level, there is no difference, since New Jersey does not have a law defining driving under the influence. However, the term “DUI” may be used specifically to refer to the crime of driving under the influence of drugs rather than alcohol.
Driving while impaired by any drug, including prescription medications, is against the law in New Jersey. While DWI can still be used to describe operating under the influence of drugs, the phrase DUI may also be used. The penalties and consequences are the same regardless of whether an individual is charged with DWI or DUI in New Jersey.
What Are the Elements of a DWI or DUI Charge in New Jersey?
To achieve a conviction for DUI or DWI in New Jersey, the prosecutor must prove certain elements as true beyond a reasonable doubt. This is the highest evidentiary standard in the legal system.
The key elements of proof are as follows:
- The defendant or accused party was operating or in actual physical control of a motor vehicle at the time of the arrest. Note that this does not necessarily mean driving; the car could be parked.
- The defendant was on a public road or land, including a parking lot, in an area where New Jersey’s traffic laws apply.
- The defendant was under the intoxicating influence of a substance. This could mean an illegal BAC level, drunkenness to the point of impairment or being under the influence of drugs.
The State will have to prove these elements using clear and convincing evidence, such as breathalyzer test results, field sobriety tests and arresting police officer observations.
What to Do if You Are Arrested for DUI or DWI in New Jersey
While New Jersey statutes use the term DWI, police officers and the courts may also use DUI. Both refer to the same crime of operating a motor vehicle under the intoxicating influence of drugs and/or alcohol. If you get arrested for either alleged crime, contact a qualified DUI defense attorney in New Jersey right away for legal assistance.
A lawyer can immediately go to work on preparing your defense and protecting your rights with the goal of minimizing the effects of the arrest on your life as much as possible. An attorney can fight to reduce the penalties and consequences you face, such as arguing the charge down to “wet reckless” or even getting the case dismissed. For a free DUI/DWI case review, contact the Law Offices of Jeffrey S. Hasson 24/7.