Nj Dwi Laws
What Are The New Jersey Dui Laws And Their Penalties? Author: johnsonmerel New Jersey has some unique dui laws, not the least of which is dui vs dwi. Although most states' drunk driving laws are grouped under the driving under the influence (DUI) heading, New Jersey also has a DWI (driving whi...
What Are The New Jersey Dui Laws And Their Penalties?
Author: johnsonmerel
New Jersey has some unique dui laws, not the least of which is dui vs dwi. Although most states' drunk driving laws are grouped under the driving under the influence (DUI) heading, New Jersey also has a DWI (driving while intoxicated) heading. What's the difference between dui and dwi? Whereas a New Jersey DUI will be prosecuted as a violation of the aper sea laws against having a blood alcohol concentration (BAC) of .08 or more, you will be charged with a New Jersey DWI if you are thought to be under the influence based on unsafe driving patterns and/or poor performance of field sobriety tests.
In 2005, New Jersey passed aJohn's Law,a named after John Elliot. John was a young man who was killed by a driver who was still drunk, even after being released from jail. This unique law gives police the authority to impound the car of an intoxicated driver for at least a period of 12 hours.
If you refuse to take a blood or breath test following a dui stop, that is evidence that will be admissible in court. Worse yet, there are penalties of surcharges amounting to ,000 a year for a period of 3 years for the first and second dwi convictions within 3 years, and ,500 a year for 3 years for the third offense, as well as a 0 dui enforcement surcharge.
Most other states have laws for drivers under the age of 21 that say you cannot have a BAC of .02 or above. In New Jersey, however, it's .01 or above. If you are 21 and are charged with a New Jersey DUI or DWI, your driver's license will be suspended from 30 to 90 days, and you will be required to perform between 15 and 30 days of community service.
The consequences for commercial drivers who are found to be drunk are also unusual - and severe. Your first offense in any vehicle will result in the suspension of your commercial driver's license (CDL) for a period of 1 year, and your basic driver's license will be suspended from 3 to 12 months. A second dui conviction will result in a permanent revocation of your CDL, and a 2-year suspension of your basic license. Any subsequent convictions will result in a lifetime disqualification.
Did you know that you do not have the right to a jury trial for a DUI in New Jersey? You only have the right to stand before a judge, who will listen to the evidence and decide your guilt. If you lose, your dwi attorney can request a ade novoa appeal, and a different judge will hear your case.
Other unique dui laws in New Jersey include the fact that the court, not the Department of Motor Vehicles (as is customary), will decide any revocation or suspension of your driver's license, and driving while in the possession of drugs brings a 2-year loss of your driver's license and a fine.
What do you think No habla Ingles? DWI laws don’t apply to you!?
Drunk drivers in New Jersey now have another way to beat the system. Say you don’t speak English. The NJ State Supreme Court ruled today that police must inform drunken driving suspects in a language they speak or understand that they are legally required to take a Breathalyzer test.
On the night of September 20, 2007 German Marquez, who speaks only Spanish, claimed to not understand an officer’s request that he submit to a breathalyzer test. Mr. Marquez was convicted of drunken driving and failure to take a breath test.
Growing up I was taught that ignorance of the law is no excuse. But the feigned inability to understand spoken English apparently now is. The State Supreme Court vacated Mr. Marquez’ conviction, saying the failure of the police to communicate with him in his native tongue stripped him of his Constitutional rights.
Which of course in a sane universe would be utter unadulterated rubbish.
Anyone who passes the written drivers license test knows the DWI laws. They’re drilled into you, and yes the test is administered in dozens of foreign languages, so clearly a non-English-speaker has on more than one occasion heard and understood that he cannot refuse the Breathalyzer.
But in the politically correct Peoples Republic of New Jersey law enforcement is now expected to be fluent in every spoken and written language under the sun. All a driver has to do is say “no habla ingles” (saying it in Sanskrit would probably help) and he’s guaranteed to get off scot free.
The state has helpfully recorded the DWI instructions in 10 languages — Arabic, Chinese, English, French, Japanese, Korean, Polish, Russian, Portuguese, and Spanish — and posted the recordings on a state website, where police can play them for suspects before breath tests.
If I ever get stopped I’m gonna swear that I only speak Fortran.
http://www.nj.com/news/index.ssf/2010/07/nj_police_must_explain_drunken.html
Contact your state legislator(s).
It must be since this story is listed as being news on Published: Monday, July 12, 2010, 12:31 PM Updated: Monday, July 12, 2010, 3:13 PM..Illegals get to break more laws and have more rights than citizens.
How do I propose a new/change law in NJ regarding DWI’s?
Well, sad to say, my son “acted-the-fool” too, and got his car so totalled that the wrecking yard was surprised to hear that he was actually alive. But, we’re down here in Texas, and since no one did a breathalizer or any test for alcohol, he got away “scot free” as the old saying goes. He got some money from his insurance company, but apparently he said something at the time of the accident that strongly suggested his alcohol consumption, so he lost the $500.00 deductible on his policy. Small price to pay for what he put himself through. He’s my son, and so I love him dearly, but, if he would understand, and if he wasn’t just back from 2 + years in Iraq and surrounding areas in the Army, I’d wrap my left arm around his neck and pummel his face with my right fist while giving him an “up-close-and-personal” father/son lecture about driving while intoxicated and risking the life of my only and so very dear son. He knew very well how I felt about driving and drinking LONNNNGGGGGGGGGG before the incident, so he’s got NO EXCUSE. But, he’s much stronger than me, and he’d be protected by law from such a pummeling, and since he’s “ARMY STRONG” as their commercial goes, I just looked at him as I helped him with his insurance, etc.. My look got the point across, as I hope my answer does to you. You have no right to jeopardize the life of someone your parents’ love so much, so, get your act together!!!! NO EXCUSES!!!!!!!! God Bless you.
What are the chances of me getting a dwi?
so yes i know i’m stupid, i DEF learned my lesson after lots of stitches and a fractured leg but i just want to know if ill be getting a DWI. Last Wednesday i totaled my car after drinking. its been a week and i haven’t recieved any tickets so far……what are the chances they’re on their way
I’d prefer responses from people who may have been in the same situation or people who know the law in NJ pretty well
very unfortunate
when they stop you they will have their way, laws are written for that
tell it to the judge still reigns
they may rule the day in court, litigate!
as a quitter i see idiots [mainly relatives] who still indulge
i now condone any search or inspection to determine if a person[s], the family member,
have ANYTHING that may jeopardize my safety on the roads , there are enough hazards from lack of maintenance and morons driving the wrong way for what ever reasons already
i myself make sure of what and who is in my auto and especially no one uses my car if they are known to do any conscience altering chemicals even legal meds.,they ARE NOT allowed to drive by themselves in mine!
responsibility begins w/ YOU! i keep it locked and alarmed
ASSUME someone has your best interest in mind before theirs and suffer the consequences, especially if they are abusers
and being of color doesn’t matter i went to jail a lot even when innocent because of guilty by association [rough crowd].
in this case ‘guilty’ by possession which is 99% of the law
it is sad the innocent suffer for the guilty, w/ pressure maybe the fam. member will own up to the illegal item[s]
God bless your families endeavors to be exonerated
Can NJ police search your car during a DWI checkpoint with no probable cause?
My brother n law and his girlfriend were arrested last night in Gloucester Township after police searched their vehicle n found weed that one of his family members had left in the car. Yes it shouldn’t have been in there, but it was only a standard check for DWI and they had not been drinking. Both arestees are African American and early twenties. I don’t have all of the details yet about what happened, but does anyone know of the rules and laws that police follow during these DWI procedures? I just want to make sure that they were being fair. Also, my brother does have a record from drug possession before, but still, if it was a standard test for alcohol in your system and none was detected, should they still have searched the car?
No, it’s not fair. I agree that it is hypocritical. It goes on not only in NJ but all 50 states and is referred to as ” professional courtesy ”
No one (should) be above the law.
Do you think it’s fair that police arrest others for DUI & DWI when they do it themselves?
To me that’s hypocritical, and it goes on here in NJ nonstop! Are they above the law?