DUI (driving under the influence) and DWI (driving while intoxicated) laws vary slightly from state to state. In some states, an officer will write out a DWI if the driver’s BAC (blood alcohol content) was over the legal limit, while a DUI is written for a person whose BAC was within the legal limit, but was still driving under the influence of drugs. In New York, the legal limit would be 0.08 percent or higher for a DWI, which means that a New York driver will get a DUI if it was lower than that.
In New Jersey, there is no difference between a DUI and a DWI, so the two terms can be used interchangeably without error. Prosecution and sentencing for driving under the influence of drugs or alcohol both fall under the same set of statutes, the primary applicable one being N.J.S.A. 39:4-50. Both DWI and DUI convictions can involve detainment, surcharges, license suspension, jail time, fees and program requirements.
If you got a DUI or DWI in New Jersey, call our traffic attorneys today at 732-308-0200.
Outline of Offenses for a DUI or DWI Conviction
First offense with BAC of 0.08% but less than 0.10%:
- License suspension: 3 months.
- Imprisonment: Maximum 30 days.
- Fine: $250 to $400.
- Intoxicated Driver Resource Center (IDRC): Mandatory 12 to 48 hours.
- Intoxicated Driver Resource Center (IDRC) Fee: $230.
- Alcohol Education and Rehabilitation Fund Fee: $100
- Drunk Driving Fund: $100
- Neighborhood Services Fund: $75
- Surcharges: $1,000 per year for 3 years.
First offense with BAC of 0.10% or higher:
- License suspension: 7 to 12 months.
- Imprisonment: Maximum 30 days.
- Fine: $300 to $500.
- Intoxicated Driver Resource Center (IDRC): Mandatory 12 to 48 hours.
- Intoxicated Driver Resource Center (IDRC) Fee: $230.
- Alcohol Education and Rehabilitation Fund Fee: $100
- Drunk Driving Fund: $100
- Neighborhood Services Fund: $75
- Surcharges: $1,000 per year for 3 years.
- Ignition Interlock Device (IID): 6 months to 1 year after license is restored if BAC was 0.15% or over.
First offense DUI under 21 years old:
If you are under 21 years old and you drive with a BAC of anything over 0.01% you may face all of the fines and imprisonments times above and:
- License suspension: 30 to 90 days.
- Community service: 15 to 30 days.
- Mandatory Alcohol and Highway Safety Education with IDRC.
Drunk driving laws make it illegal nationwide to drive with a BAC at or above 0.08%. For people under 21, “zero tolerance” laws make it illegal to drive with any measurable amount of alcohol in their system. These laws, along with laws that maintain the minimum legal drinking age at 21, are in place in all 50 states and the District of Columbia, and have had a clear effect on highway safety, saving tens of thousands of lives since their implementation.
Call our Traffic Attorneys Today
If you got a DUI or a DWI, it’s not the end of the world. Our team of traffic lawyers have been defending clients for DUI and DWI-related issues for almost thirty years. If you’ve been caught driving under the influence—or driving while intoxicated—call our team now at 732-308-0200 for a free consultation.
