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 admissible in court. Worse yet, there are penalties of surcharges amounting to $1,000 a year for a period of 3 years for the first and second DWI convictions within 3 years, and $1,500 a year for 3 years for the third offense, as well as a $100 DUI enforcement surcharge.
Most other states have laws for drivers under the age of 21 that say you cannot have a BAC of.02 or above. In New Jersey, however, it's.01 or above. If you are 21 and are charged with a New Jersey DUI or DWI, your driver's license will be suspended from 30 to 90 days, and you will be required to perform between 15 and 30 days of community service.
The consequences for commercial drivers who are found to be drunk are also unusual - and severe. Your first offense in any vehicle will result in the suspension of your commercial driver's license (CDL) for a period of 1 year, and your basic driver's license will be suspended from 3 to 12 months. A second dui conviction will result in a permanent revocation of your CDL, and a 2-year suspension of your basic license. Any subsequent convictions will result in a lifetime disqualification.
Did you know that you do not have the right to a jury trial for a DUI in New Jersey? You only have the right to stand before a judge, who will listen to the evidence and decide your guilt. If you lose, your DWI attorney can request a "de novo" appeal, and a different judge will hear your case.
Other unique DUI laws in New Jersey include the fact that the court, not the Department of Motor Vehicles (as is customary), will decide any revocation or suspension of your driver's license, and driving while in the possession of drugs brings a 2-year loss of your driver's license and a $50 fine.
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