Being charged with a DUI while a child is a passenger is a second-degree indictable offense in New Jersey. If the child is age 17 or younger, you could be charged with endangering the welfare of a child in addition to driving while intoxicated. This is a second-degree felony and carries a harsh penalty of […]
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DUI and DWI are used interchangeably to describe someone driving while impaired by drugs or alcohol, so there’s no real difference between these terms.
There are a few ways in which a DUI charge can be dismissed. Most of these methods involve challenging the evidence used by police when they made the initial arrest. If the evidence against you is incorrect or was obtained illegally, you may be able to have a DUI dismissed.
In most cases, a DUI in New Jersey is a traffic offense, not an indictable crime, or felony. However, you could face an indictable charge if you hurt or killed someone while driving drunk, or if you attempted to flee the scene of a crash that involved injury or death.
The standard BAC limit for drivers in New Jersey is 0.08 percent. The limit for commercial drivers, however, is 0.04 percent. The limit for drivers under age 21 is 0.02 percent.
In New Jersey, most drivers are subject to a blood alcohol content limit of 0.08 percent. Having a BAC at or above that limit means that a driver can automatically be charged with DUI. Drivers under the age of 21 are subject to a zero-tolerance policy under New Jersey law, meaning that any detectable alcohol […]
New Jersey law does not consider DUIs crimes or disorderly persons offenses but instead classifies them as traffic offenses. However, under certain circumstances, a drunk driver may be charged with a felony offense. These circumstances include injuring another individual in a motor vehicle accident, causing someone’s death in an accident, driving with a license that […]
A DUI charge might be dismissed by the trial court or by a prosecutor when the state lacks sufficient evidence to prove that a driver was operating their vehicle under the influence of alcohol or drugs. For example, if the results of an alcotest breathalyzer test are invalidated due to errors in the testing procedure […]
New Jersey law does not distinguish between DUI and DWI, though the relevant statute officially calls the offense “DWI” or “driving while intoxicated.”
While anyone under the age of 18 is normally entitled to go through the juvenile criminal justice system, under certain circumstances, the state may seek to try a juvenile in the adult criminal justice system. The prosecutor must file a motion for waiver of the case to the adult court within 60 days of the […]