Legal Question in DUI Law in New Jersey

D. U. I.

My son was stopped at hopatcong state park for his tail lite out. He also got tickets for reckless driving, failure to maintain a lane and dui. He was checked twice 20 minutes apart. Both times it read .05. He was arrested car impounded because the cop felt he was on drugs. He wasn`t. I had to wait untill 3 o`clock that day to get his car. Was is the difference between dui and dwi? I never new there was a difference. Should he get a lawyer? His court date is this thursday.


Asked on 6/15/09, 12:20 am

4 Answers from Attorneys

Kenneth Vercammen,Esq. Kenneth Vercammen

Re: D. U. I.

The following is the new DWI law in New Jersey

N.J.S.A. 39:4-50 DUI

39:4-50. (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject: (1) For the first offense: (i) if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance. Whenever an operator of a motor vehicle has been involved in an accident resulting in death, bodily injury or property damage, a police officer shall consider that fact along with all other facts and circumstances in determining whether there are reasonable grounds to believe that person was operating a motor vehicle in violation of this section. A conviction of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L. 1966, c.73 (C. 39: 5D-1 et seq.), shall constitute a prior conviction under this subsection unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.08%.

To read entire article, go to http://www.njlaws.com/dui.htm

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Answered on 6/22/09, 4:58 pm
david bildner bildner law firm

Re: D. U. I.

It only makes a difference on a first offense. For a first offense, someone who drives with a blood alcohol level of 0.08% or higher is considered guilty of DWI. Part of the penalty is a suspension of 7-12 months. Someone who doesn't have an alcohol level that high but drives under the influence of alcohol gets a suspension of 3 months.

There is no difference in how its treated a 2nd or subsequent offense.

DWI or DUI is a serious charge and your son should not try to handle it without a lawyer. Call a lawyer. If you want to discuss it with me, my number is 877/688/3879

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Answered on 6/15/09, 12:41 am
Gary Moore Gary Moore Attorney At Law

Re: D. U. I.

He needs a lawyer. Dui and dwi are the same offense, driving under the influence or driving while intoxicated by drugs or alcohol.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/15/09, 12:48 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: D. U. I.

DWI is for alcohol, DUI is for drugs. If your son is being charged with DUI or DWI, then he should definitely hire a lawyer since the penalties are very severe. I just won a case very similar to your son's last week in a Municipal Court. I am an attorney who has handled many cases similar to your son's in various courts throughout New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 6/15/09, 3:31 pm


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