"DWI-Frequently Asked Questions"

The following are the most common DWI-Frequently Asked Questions:

Can I get a restricted license just to drive to work or school?

No. Such licenses are not allowed in New Jersey.

Are there differences between a drunk driving charge and a refusal charge?

One difference is that drunk driving charges apply to vehicles operated on public roads, quasi-public areas and even on private property while police officers are barred from issuing a refusal charge in private property areas.

Also, the burden of proof that the state bears for drunk driving is beyond reasonable doubt while the burden of proof that the state bears for refusal is a preponderance of the evidence, a much lighter burden.

Also, there is no mandatory 6 months in jail for a third refusal charge whereas a mandatory 6 month jail term is imposed for third DUI.

Can I be charged for simply refusing to perform a field sobriety test?

No. These tests are completely voluntary.

You do not have to perform these tests.

You can refuse to perform them and you will not be given a separate ticket for refusing to perform them.

What should I inform my lawyer?

Medical conditions, prior injuries, dental problems and generally all of life's wear and tear can be important to facilitate a proper defense.

Your NJ lawyer should elicit your prior medical history or ask probing questions about your physical condition because certain medical and dental conditions can make a subject unsuitable for breath testing.

So why fight my case?

Because if you go to court to plead guilty there is a 100% chance you will be found guilty by a Judge guaranteeing that you will suffer every consequence the court imposes such as losing your license and perhaps even going to jail not to mention the high fines imposed by the court and surcharges imposed by the state.

But fighting your case with a NJ attorney means you have a chance to positively affect the outcome and avoid the severe consequences of a conviction.

What is the difference between DWI and DUI?

DWI is an acronym for Driving While Intoxicated and DUI is an acronym for Driving Under the Influence.

Both are essentially the same thing but DUI may be broader definition as it includes drugs and not just alcohol whereas DWI may refer to alcohol only.

Nevertheless, both terms are interchangeable.

New Jersey refers to drunk driving as DUI whether the individual is charged with driving under the influence of drugs or alcohol.

It appears that DWI is the old term for drunk driving which has been gradually replaced in recent years by the term DUI for drinking and driving.

If you have a question that does not appear on this DWI-Frequently Asked Questions page, please do not hesitate to ask it by way of clicking this link to contact us.