FAQ Page for NJ Attorney
Find the answers to your DUI questions below. If you cannot find the answer to your question here, call our firm to speak to a team member who can assist. Remember, each case is unique, and the specific details of your charges can affect your options and possible outcomes. The following are some of the most common frequently asked DUI questions and answers for New Jersey residents.
What Is the Difference Between a DUI and a DWI in New Jersey?
There is no difference between a DUI (Driving Under the Influence) and a DWI (Driving While Intoxicated) under New Jersey law.
Both terms can be used interchangeably when being arrested, prosecuted, and sentenced for driving while under the influence of alcohol, drugs, or both.
Is Jail Time Mandatory for a 2nd DUI in NJ?
Yes, you will have to serve a mandatory 2 to 90 days in jail if convicted for a second DUI.
Is Jail Time Mandatory for a 3rd DUI in NJ?
Yes, you will have to serve a mandatory 180 days (6 months) in jail if convicted for a third DUI.
What Is the BAC Level for a DUI in NJ?
If you are found to have a BAC (Blood Alcohol Concentration) level of 0.08% or greater you are guilty of driving under the influence.
It’s worth noting that there is still a chance you can still be found guilty with a lower amount than 0.08%, however, if the amount of alcohol you’ve consumed is clearly affecting your ability to drive safely.
What Is the BAC Level for a DWI in NJ?
With DWIs and DUIs being handled the same under New Jersey law, a BAC level of 0.08% applies to either a DWI or a DUI.