Trenton, NJ asked in DUI / DWI for New Jersey

Q: What is the difference between a DUI and a DWI in New Jersey?

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2 Lawyer Answers

Joseph F. Morgano

  • DUI & DWI Lawyer
  • Shrewsbury, NJ
  • Licensed in New Jersey

A: NJ has DWI not DUI. It is derived from the statutory language. In NJ the statutory language is "driving while intoxicated". Other states have statues using "driving under the influence", thus it is called DUI in those states. The two terms, however, are used interchangeably. Technically speaking though, NJ has DWI not DUI.

H. Scott Aalsberg Esq. agrees with this answer

H. Scott Aalsberg Esq.

  • DUI & DWI Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: DWI generally refers to someone they believe is under the influence of alcohol and DUI generally refers to someone that is under the influence of some other drug. Cops write both as 39:4-50 with all penalties being the same.

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