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The laws regarding driving under the influence and driving while intoxicated in New Jersey are somewhat different from those in many of the surrounding states. For example, in some states, it is considered a crime to drive under the influence (DUI) or to drive while intoxicated (DWI) and those individuals arrested for DUI or DWI are charged with either a misdemeanor or a felony depending on the specifics of the case.
In New Jersey, both DUI and DWI are considered traffic offenses, not crimes, although it remains important to consult with a New Jersey DUI lawyer as soon as possible after being charged with a DUI offense. Another difference is that the terms “driving under the influence” and “driving while intoxicated” are synonyms in New Jersey meaning that they are both used to describe the same thing and are used interchangeably.
The New Jersey Motor Vehicle Code describes the offense and the penalties that can result from all traffic offenses including DUI. Section 39:4-50(a) of the statute defines the traffic offense of driving under the influence as follows:
“a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood.”
There are different penalties imposed after a New Jersey DUI conviction depending on the specifics of the case including:
It is important to discuss these and other circumstances surrounding a case with an experienced New Jersey DUI lawyer because even a conviction for a first time DUI traffic offense carries serious consequences including:
The DUI attorneys at Helmer, Conley & Kasselman, P.A. understand how stressful it can be to be charged with a DWI traffic offense. While it may be a traffic offense and not a felony, there are still significant consequences for a conviction with serious financial and life altering effects making it important to work with our team of lawyers who are ready to work diligently to build your strongest defense. Contact our office today.
Don’t let your rights be jeopardized.