| New Jersey has some unique DUI laws, not the least | | | | above. In New Jersey, however, it's.01 or above. If you |
| of which is DUI vs DWI. Although most states' drunk | | | | are 21 and are charged with a New Jersey DUI or |
| driving laws are grouped under the driving under the | | | | DWI, your driver's license will be suspended from 30 to |
| influence (DUI) heading, New Jersey also has a DWI | | | | 90 days, and you will be required to perform between |
| (driving while intoxicated) heading. What's the | | | | 15 and 30 days of community service. |
| difference between DUI and DWI? Whereas a New | | | | The consequences for commercial drivers who are |
| Jersey DUI will be prosecuted as a violation of the "per | | | | found to be drunk are also unusual - and severe. Your |
| se" laws against having a blood alcohol concentration | | | | first offense in any vehicle will result in the suspension |
| (BAC) of.08 or more, you will be charged with a New | | | | of your commercial driver's license (CDL) for a period |
| Jersey DWI if you are thought to be under the | | | | of 1 year, and your basic driver's license will be |
| influence based on unsafe driving patterns and/or poor | | | | suspended from 3 to 12 months. A second dui |
| performance of field sobriety tests. | | | | conviction will result in a permanent revocation of your |
| In 2005, New Jersey passed "John's Law," named | | | | CDL, and a 2-year suspension of your basic license. |
| after John Elliot. John was a young man who was | | | | Any subsequent convictions will result in a lifetime |
| killed by a driver who was still drunk, even after being | | | | disqualification. |
| released from jail. This unique law gives police the | | | | Did you know that you do not have the right to a jury |
| authority to impound the car of an intoxicated driver | | | | trial for a DUI in New Jersey? You only have the right |
| for at least a period of 12 hours. | | | | to stand before a judge, who will listen to the evidence |
| If you refuse to take a blood or breath test following a | | | | and decide your guilt. If you lose, your DWI attorney |
| DUI stop, that is evidence that will be admissible in | | | | can request a "de novo" appeal, and a different judge |
| court. Worse yet, there are penalties of surcharges | | | | will hear your case. |
| amounting to $1,000 a year for a period of 3 years for | | | | Other unique DUI laws in New Jersey include the fact |
| the first and second DWI convictions within 3 years, | | | | that the court, not the Department of Motor Vehicles |
| and $1,500 a year for 3 years for the third offense, as | | | | (as is customary), will decide any revocation or |
| well as a $100 DUI enforcement surcharge. | | | | suspension of your driver's license, and driving while in |
| Most other states have laws for drivers under the age | | | | the possession of drugs brings a 2-year loss of your |
| of 21 that say you cannot have a BAC of.02 or | | | | driver's license and a $50 fine. |