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If you’ve been arrested for driving while intoxicated (DWI) in New Jersey, you may have heard both “DWI” and “DUI” used to describe your charge. But is there actually a difference between the two?

The short answer is no. In New Jersey, the terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) mean the same thing. The state’s DWI law, N.J.S.A. 39:4-50, makes it illegal to operate a vehicle “while under the influence” of alcohol or drugs. Because of this wording, both DWI and DUI are used interchangeably in New Jersey courts. No matter which term is used, the penalties and legal consequences remain the same.

Understanding New Jersey’s DWI Laws

New Jersey has some of the strictest DWI laws in the country. Unlike some states, DWI is not a criminal offense in New Jersey—it is considered a traffic violation. However, that doesn’t mean the consequences aren’t severe.

Even a first-time offense can result in:

• Fines and surcharges that add up to thousands of dollars
• License suspension
• Ignition interlock device (IID) installation
• Mandatory alcohol education programs
• Jail time in some cases

For repeat offenders, the penalties only get harsher. If you have prior DWI convictions, you could face longer license suspensions, higher fines, and even mandatory jail time.

Why You Need an Experienced DWI Lawyer

If you’ve been charged with a DWI in New Jersey, your next steps are critical. A conviction is not automatic, and with the right legal defense, you may be able to reduce or even beat the charges against you.

DWI cases often rely on police reports, field sobriety tests, and breathalyzer results—all of which can be challenged. Did the officer have probable cause to stop you? Was the breathalyzer calibrated properly? Were field sobriety tests administered correctly? These are just some of the many defenses an experienced attorney can use to fight your case.

Reisig Criminal Defense & DWI Law: Nearly 30 Years of Success

When facing a DWI charge in New Jersey, you need a proven legal team in your corner. Reisig Criminal Defense & DWI Law has been one of the most successful and trusted DWI law firms in New Jersey for almost 30 years.

Attorney Matthew Reisig has built a reputation as a fierce defender of clients’ rights. With thousands of successful DWI cases under his belt, he knows exactly how to challenge the prosecution’s case and protect your future.

Reisig Criminal Defense & DWI Law has a deep understanding of New Jersey’s complex DWI laws, and they use aggressive legal strategies to fight for the best possible outcome—whether that means getting charges reduced, dismissed, or taking the case to trial.

Take Action Now

A DWI conviction can have lasting consequences, but you don’t have to face it alone. With Reisig Criminal Defense & DWI Law on your side, you’ll have one of the best DWI defense teams in New Jersey fighting for you.

Don’t wait—call (732) 625-9660 today for a free consultation. Your future is too important to leave to chance.

The law on whether an out of state drunk driving adjudication effects a subsequent New Jersey DWI conviction is set forth in the statute at N.J.S.A. 39:4-50(a)(3): “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%.”

The practical effect of an out of state DWI conviction(s) is whether the municipal prosecutor has knowledge of this information. For instance, the DWI summons may note that individual charged has a driver’s license from another state.

The diligent municipal prosecutor may initiate communication with the DMV of this other state to obtain the individual’s driving record. If this due diligence on the part of the municipal prosecutor reveals a prior out of state DWI conviction, the burden shifts to the Defendant to then demonstrate, if he can, that the prior out of state conviction was predicated upon something other than at least a .08% BAC.

There are many layers to this analysis. The mere fact that a defendant may reveal on a mobile video recorder to a police officer that he has an out of state DWI conviction is not sufficient proof for the State to prove that there is such an out of state conviction. Rather, this could merely serve as the basis for the municipal prosecutor to further investigate whether he can prove the fact of the out of state conviction.

Necessarily, this would require cooperation between the out of state DMV and the municipal prosecutor who is requesting such information. That is easier said than done.

A defense attorney should always inquire of his client whether there are prior DWI or Refusal convictions. If this privileged attorney-client information is affirmatively answered concerning a prior New Jersey DWI or Refusal, the attorney should always endeavor to order the client’s Motor Vehicle Commission driver’s abstract.

If the same inquiry is made which reveals an out of state DWI or Refusal conviction, the defense attorney should ask the client to obtain his driving record from the other state. However, the defense attorney has no affirmative obligation to provide such information to the municipal prosecutor.

However, the defense attorney can never misrepresent to a municipal court judge whether there is an out of state conviction. This point must be emphasized. To reiterate, the defense attorney can never misstate or mislead the municipal court concerning the fact of a prior out of state conviction on his client’s behalf. These issues can become very complex as they relate to the client’s ultimate sentence and ethical considerations on the part of the defense attorney.

Regarding the specific question of the 2007 New York DWAI, there is a published New Jersey case concerning such a circumstance. State v. Zeikel, 423 N.J. Super 34 (App. Div. 2011). In this case, a three judge Appellate Division panel held that the New York DWAI did serve as a prior out of state conviction to enhance the defendant’s current New Jersey case. While this case has not received a lot of notice or comment in New Jersey DWI circles, it is a published case and is the law in our state.

The bottom line is that an individual with a current DWI, with a prior New York DWAI, should make this fact known to his New Jersey DWI attorney.

If you have been arrested for a DWI in NJ, and have been convicted in another state, give Reisig Criminal & DWI Law a call at 732-625-9660.

No. Since DWI is not considered a crime in New Jersey, there is no need to expunge it from your record.

Have you recently received a DWI in New Jersey and have questions regarding its impact on your record?  If so, contact Reisig & Associates at 732-625-9660 for answers.