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Difference between DWI and DUI

The difference between DWI and DUI under New Jersey law is insignificant. Often times individuals think there is a difference between the two charges however in New Jersey there is not. Technically, New Jersey statute 39:4-50 is the statute which governs the offense of Driving While Intoxicated.

Under this statute, an individual is guilty of the offense of Driving While Intoxicated if they are driving with a blood alcohol content above .08 and or driving while they are unfit to drive due to intoxication from either drugs or alcohol. An individual can still be convicted of DWI if their blood alcohol content is less than .08 or they are under the influence of a narcotic or drug which would render them unable to safely operate a motor vehicle. In New Jersey an individual can also be convicted of DWI if they permit another to operate a vehicle that they have custody or control over and they know that the specific individual they are permitting to drive is under the influence of either alcohol or drugs and is unfit to drive.

In some circumstances, an individual may receive a ticket which lists DUI instead of the technically proper acronym in New Jersey which is DWI. Often times our lawyers are asked if a case can be dismissed because the officer wrote DUI on their ticket instead of DWI. The simple answer is, this error alone will not result in the DWI charge being dismissed. However, our attorneys have been successful at obtaining the dismissal of DWI charges based upon other legal issues.  Some of those issues can include: the officer did not have the specific legal authority to stop a motor vehicle, the officer did not have probable cause to arrest the individual, the officer did not properly operate the alcohol breath test machine, and the officer failed to strictly adhere to the requirements of a DWI arrest and subsequent testing. All of these issues are very specific to the individual case and will require a thorough analysis by one of our New Jersey DWI Lawyers.

If you or someone you know would like to speak with one of our New Jersey DWI Lawyers call our office or click on the contact us tab today. Our attorneys are experienced DWI lawyers in the state of New Jersey and will take the time to discuss all of the legal issue surrounding your DWI. If you hire our firm to represent you we will mount an aggressive defense.


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