What Are the New Jersey DUI Laws and Their Penalties?
New Jersey has some unique DUI laws, not the least of which is DUI vs DWI. Although most states’ drunk driving laws are grouped under the driving under the influence (DUI) heading, New Jersey also has a DWI (driving while intoxicated) heading. What’s the difference between DUI and DWI? Whereas a New Jersey DUI will be prosecuted as a violation of the “per se” laws against having a blood alcohol concentration (BAC) of.08 or more, you will be charged with a New Jersey DWI if you are thought to be under the influence based on unsafe driving patterns and/or poor performance of field sobriety tests. In 2005, New Jersey passed “John’s Law,” named after John Elliot. John was a young man who was killed by a driver who was still drunk, even after being released from jail. This unique law gives police the authority to impound the car of an intoxicated driver for at least a period of 12 hours. If you refuse to take a blood or breath test following a DUI stop, that is evidence that will be admissi
