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Is there a difference between DWI and DUI in NJ? What Drivers Should Know

Posted by Villani & Deluca P.C. | Dec 11, 2024

Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) are serious offenses in New Jersey, carrying severe consequences that can impact your finances, reputation, and future. But many drivers ask, "Is driving while intoxicated a felony in New Jersey?" The answer depends on the circumstances of the case. This article will explore the distinctions between DUI and DWI in New Jersey and why hiring a trusted legal team like Villani & Deluca, P.C. is critical for defending your rights.

Close-up of a person holding a green bottle while driving a car, emphasizing the dangers of driving under influence. Learn about the difference between DUI and DWI in NJ.

 

DUI vs. DWI in New Jersey: What's the Difference?

In New Jersey, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably. However, both refer to impaired driving caused by alcohol, drugs, or a combination of substances. The state has strict laws to prevent impaired driving and enforces penalties for drivers operating vehicles with a Blood Alcohol Concentration (BAC) of 0.08% or higher.

Key aspects of New Jersey's DUI/DWI laws include:

  • Implied Consent: By holding a driver's license in New Jersey, you automatically consent to breath  testing when law enforcement suspects impairment. . Refusing to take the test can result in penalties, including a longer ignition interlock device requirement than what is imposed for a first-time DWI conviction with a blood alcohol level below 0.15%.

  • Zero Tolerance Policy: In New Jersey, drivers under 21 face penalties if they have any detectable alcohol in their system, even if their BAC is below the legal limit for adults. An underage driver with alcohol in their system, but not legally intoxicated, can be charged with underage consumption of alcohol while driving. Although this is not classified as a DWI, it still results in a license suspension and mandatory participation in the IDRC (Intoxicated Driver Resource Center) program.

  • Drug Impairment: Driving under the influence of prescription medications or illegal drugs (DUI) is penalized similarly to alcohol-related DWI offenses. However, for a first-time DUI offense involving drugs without alcohol, the driver is not eligible for an ignition interlock device. Instead, they will lose their driving privileges for a period of 7 to 12 months.

DUI and DWI are treated as serious motor vehicle violations rather than criminal offenses, which they are in most other states.

Why Should You Hire Villani & DeLuca, P.C.?

When dealing with sensitive legal issues, such as criminal or DWI defense, having an experienced and reputable law firm by your side can make all the difference. Villani & DeLuca, P.C. stands out for several compelling reasons:

  1. Deep Command of  New Jersey Law
    With decades of experience, Villani & DeLuca's attorneys are well-versed in the intricacies of New Jersey's legal system ensuring tailored defense strategies for each unique case.

  2. Personalized Attention and Accessibility
    Clients receive personalized attention throughout their cases, with attorneys who are accessible and approachable. The firm provides 24/7 support, ensuring that your legal concerns are addressed promptly.

  3. Proven Track Record
    Villani & DeLuca's success stories speak for themselves. Their ability to secure favorable outcomes highlights their dedication to their clients' success.

  4. Free Consultations
    The firm offers free initial consultations, giving prospective clients the opportunity to understand their legal standing and explore potential strategies without financial pressure.

Conclusion

Dealing with complex legal issues can feel overwhelming, but Villani & DeLuca, P.C. is here to help. With extensive experience, in-depth knowledge, and a dedication to client success, they provide clear and confident guidance through your legal challenges.

Choosing the right law firm can significantly impact the outcome of your case. By hiring Villani & DeLuca, P.C., you ensure your case is handled by professionals committed to delivering the best possible results. Contact them today to schedule your free consultation and take the first step toward resolving your legal concerns.

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