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In New Jersey, Driving While Intoxicated (DWI) and Driving While Under the Influence (DUI) have the same meaning. As per the New Jersey statute, a person can be charged for DUI if he/she commits either of the 4 actions:

  1. Driving under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug;
  2. Driving while having a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood;
  3. Giving a permit to another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to drive a motor vehicle owned by him or in his custody or control;
  4. Giving a permit to another with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood to drive a motor vehicle.

Driving in New Jersey with a blood alcohol concentration is 0.08% or more comes under DUI even if alcohol does or doesn’t affect the driver’s abilities which is called a “per se” violation. New Jersey laws for DUI are amongst the strictest in the country. For first time offenders, loss of driving privileges may vary from three months to two full years depending on circumstances and a direct fine of $250 to $800 with surcharge and DUI enforcement fee. The New Jersey Motor Vehicle Commission may impose an additional surcharge of $1,000.00 per year for each of the next three years after DUI conviction. Moreover, insurance points would be assessed and ability to get car insurance would be hampered. The driver is exposed to a jail term of up to thirty days just on first offense.

Refusal of a driver test for alcohol if arrested validly for DUI is considered a separate offense. The penalties for refusal can be as severe as DUI convictions.

We have represented DUI/DWI clients in Middlesex County, Hudson County, Union County, Bergen County, Atlantic County, Camden County, Mercer County, Monmouth County, Morris County, Ocean County, Passaic County, Somerset County, Warren County and Burlington County of New Jersey for several years.

Contact Aditya Surti Esq. at 201-518-6642201-518-6642 to schedule an appointment at the Jersey City Office or at 732-750-1269732-750-1269 to schedule an appointment at the Woodbridge Office. You can also email us at info@surtilaw.com to schedule an appointment. Appointments can be available on weekends and nights and evenings.