If you’ve been pulled over for drunk or impaired driving in New Jersey, you may have heard both terms: DUI (Driving Under the Influence) and DWI (Driving While Intoxicated). Many people use them interchangeably, but in New Jersey there are some important distinctions worth understanding.
New Jersey Uses DWI as the Official Term
In New Jersey, the formal legal charge is DWI — Driving While Intoxicated, governed by N.J.S.A. 39:4-50. While DUI is commonly used in casual conversation and in many other states, New Jersey law officially refers to the offense as DWI. For practical purposes, if you’re charged in this state, the paperwork will say DWI.
What Counts as DWI in New Jersey?
A person can be charged with DWI in New Jersey under two different circumstances:
- Alcohol: A blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%. For drivers under 21, any detectable BAC (0.01% or higher) can result in charges.
- Drugs: Driving while impaired by any controlled dangerous substance (CDS), prescription medication, or even marijuana — even if legally obtained. This is where the term “DUI” is sometimes used colloquially to distinguish drug impairment from alcohol impairment, but legally it is still charged as DWI in New Jersey.
What Are the Penalties?
New Jersey DWI penalties are serious and increase with BAC level and number of offenses. A first offense with a BAC between 0.08% and 0.10% can result in fines, a license suspension, mandatory ignition interlock device installation, and potential jail time. Higher BAC levels and repeat offenses carry significantly harsher consequences including longer suspensions and mandatory jail sentences.
Why This Matters for Your Defense
Whether your charge involves alcohol or drug impairment, the defense strategy can differ significantly. Challenging the accuracy of breathalyzer equipment, the legality of the traffic stop, or the administration of field sobriety tests are all potential avenues. An experienced DWI attorney knows which arguments are most effective and can make a real difference in the outcome of your case.
If you or someone you know has been charged with a DWI in New Jersey, contact the Law Office of Orlando R. Rodriguez, LLC today for a free consultation. We serve clients throughout North Jersey, Central Jersey, and the Jersey Shore.