Understanding DWI vs. DUI Laws in NJ | 609-921-0090 | Haveson and Otis
DWI laws in NJ and DUI laws in NJ are the same thing. Both refer to illegal driving activity when operating a motorized vehicle in a chemically-impaired mental state. The intoxicant can be either alcohol or drugs, even if the drugs were prescription drugs that were lawfully obtained. There is no difference between the charges for the most part. However, a New Jersey DWI or DUI defense attorney defending you can help craft a solid case for reasonable doubt when evaluating all evidence being used to prosecute the case. Remember, DWI or DUI laws in NJ can be violated by those who are not drinking while driving, but instead taking drugs, even prescription drugs.
Alcohol impairment cases are more closely associated with DWI laws in NJ because the amount of active alcohol in the system can be legally quantified by a certified electronic breath analysis device. These measurement tools must be calibrated and inspected according to statute, and faulty devices can be the basis for a case dismissal in circumstances where the integrity can be questioned. A reading of .08% BAC is sufficient for a conviction for DWI for the standard defendant, with those under 21 being held to .01% and commercial vehicle operators to .04%.
It is becoming increasingly more common for officers to arrest drivers for driving under the influence of an unknown substance at the time of the investigation. Marijuana can be determined by odor, but intoxication resulting from the use of pill form medications can be different legal cases altogether. Sometimes there is valid evidence, and sometimes there is not, especially when blood tests can show a presence of a chemical but do not identify the active effect. Long-term latency problems are common with prescribed medications and an experienced NJ DUI attorney will understand how to utilize DUI laws in NJ to craft a solid defense.
Call Haveson and Otis Law Firm
Anyone who has been arrested for impaired driving in New Jersey should contact the legal professionals at Haveson and Otis Law Firm online or call at 609-917-9370 to schedule a consultation about your case. Experience regarding DUI laws in NJ matters, and who you choose as an attorney matters as well.