How Is DUI/DWI Defined? What Are the Potential Penalties? How Will an Arrest or Conviction Affect Your Ability to Drive?
For many, it’s the rare misjudgment—you stop to have a drink with a co-worker, or you make an appearance at a social gathering. You’re having a good time, so you’re not paying attention to how much you’re drinking or what you’ve been eating. You get in the car to head home, feeling completely in control, but you’re pulled over, maybe for a taillight that’s not working. The officer asks if you’ve been drinking, and you answer honestly. Unfortunately, when you submit to the breathalyzer test, it indicates that your blood alcohol content is above the legal limit. Your whole world suddenly changes.
How Does New Jersey Define DUI and DWI?
In the state of New Jersey, the terms “driving under the influence (DUI)” and “driving while intoxicated (DWI)” refer to the same offense and typically are used interchangeably. New Jersey defines DUI/DWI as either operating a motor vehicle with a blood alcohol content of .08% or higher or operating a motor vehicle while impaired by intoxicating liquor, hallucinogens, narcotics, or habit-producing drugs. You can be charged with a DUI if there is evidence that your mental faculties or physical responses are substantially diminished. Furthermore, there’s no requirement that your vehicle be in motion to be charged with a DUI/DWI. If you are found in the driver’s seat, and there’s evidence you attempted to start the car, you can be charged.
What Are the Potential Penalties for DUI/DWI?
The penalties vary, based primarily on how many times you’re convicted:
- A first-time offender typically faces no more than 30 days in jail and a fine of up to $500. They may be ordered to attend up to 48 hours of a DWI program and may lose their driving privileges for anywhere from 3 to 12 months.
- Second-time offenders may be sentenced to up to 90 days of incarceration and a fine of up to $1,000. They may be required to complete a DWI program and may be ordered to perform up to 30 days of community service. Driving privileges can be suspended for up to two years.
- All subsequent convictions can result in up to six months in jail, with fines of up to $1,000. The defendant may be ordered to perform up to 90 days of community service and to complete the DWI program. The court can also revoke the defendant’s license for up to eight years.
Contact Attorney Howard N. Sobel
At the office of Howard N. Sobel, we provide comprehensive counsel to anyone who has been charged with driving while intoxicated or under the influence. Contact our office online or call us at 856-424-6400 to set up a free initial consultation. Evening and weekend appointments can be arranged upon request. We accept all major credit cards.
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