Types of DWI in New Jersey

There are a number of charges you can face if caught driving while impaired. In New Jersey, the law pertaining to drunk and drugged driving have expanded and grown more complicated, exposing defendants to multiple violations. These factors raise the stakes for you and give you all the more reason to seek the representation of an experienced criminal defense attorney.

Here are the various types of DWIs you can obtain in the state of New Jersey:

Marijuana DWI

Although drunk driving charges are frequently prosecuted in New Jersey, drugged driving has become increasingly common in recent years. The most common type of drugged driving charge involves marijuana. Despite the rising rates of marijuana DWI arrests, these cases are especially tricky because as of now, there is no authorized method of testing one's sobriety on site. It's also difficult to determine how much marijuana exceeds the legal limit. But if you've been charged, understand that there are many ways to fight a marijuana DWI. Contact a criminal defense attorney today for legal representation.

Commercial DWI

Motorists who drive commercial vehicles are held to a higher legal standard than average drivers. According to New Jersey law, a blood alcohol content (BAC) level of .04% constitutes grounds for a DWI charge for CDL licensed drivers if suspected of drunk or drugged driving while operating a commercial vehicle. People who acquire a commercial DWI have a lot more to lose than motorists without a CDL. Their CDL can be suspended or revoked, which could lead to a loss of employment. If convicted, it will be much more difficult to find a job in a line of work that requires driving a commercial vehicle.

Prescription Drugs DWI

Contrary to popular belief, being caught driving with prescription drugs in your system is just as unlawful as driving with dangerous illegal substances like heroin and cocaine. And the penalties for doing so are also just as severe as any other drug use. Under New Jersey DWI laws, prescriptions drugs are included in the legal definition of narcotics. The presence of prescription drugs is usually identified through a blood or urine test.

A common misconception most drivers believe is that if the prescription is legitimately made out to them, then they can't be arrested and charged with a DWI. But this couldn't be further from the truth. The law is solely concerned with if you're impaired while behind the wheel, not if your prescription is valid.

DWI Under 21

The legal drinking age in New Jersey is 21. Because underage drinkers cause a disproportionate number of alcohol-related auto accidents, the legal penalties are stricter than the ones usually imposed for people at that age. State DWI law dictates that underage offenders are held to a standard BAC level of .01% instead of the usual .08% limit. One small cocktail is enough to constitute an arrest under this law. Please note that a DWI under 21 is a separate charge from a DWI. If your BAC reading is over .08%, you may be charged with a DWI under 21 and a traditional DWI.  

Parked Car DWI

Obviously, driving under the influence of alcohol or drugs is illegal in New Jersey. But what about being arrested for sitting behind the wheel of a parked car? Surprisingly, this very act is prohibited in the state, resulting in a DWI charge without actually driving a vehicle. DWIs are not limited to “driving drunk.” If you have been caught sitting or sleeping in a vehicle while still intoxicated, under state law an arrest and charge is still justifiable.

Minor in Possession of Alcohol

In New Jersey, a minor is not legally allowed to purchase or consume alcohol. Unfortunately, due to high school and college culture and young people's wide accessibility to alcohol, it isn't hard for minors to get their hands on alcoholic beverages. The state has taken an aggressive stance to combat underage drinking by fiercely prosecuting the crime of minor in possession. Being accused of this offense exposes the youth to serious charges that could haunt them for the rest of their lives. If your child is in this predicament, let experienced attorney, Joseph D. Lento protect them from the full extent of legal penalties authorized under state law.

Out of State DWI

When visiting another state, the last thing that you want to happen is to acquire a criminal charge. Drivers with out-of-state licenses who are arrested for a DWI face unique issues that can drastically complicate their case. People in this predicament must deal with consequences imposed by their home licensing state and repercussions enforced by the state of New Jersey. The severity of the penalties depends on your home state's involvement in the Interstate Driver's License Compact (IDLC). However, since New Jersey is an active participant, your arrest and charge and whatever consequence that follows a conviction will be shared with other states in the compact. To find out more about the compact and your next steps after an out-of-state DWI, contact the Lento Law Firm today.

Been Charged With a DWI in NJ? Contact the Lento Law Firm Today

As you can see, the facts of your case have everything to do with the outcome. A simple detail could lead to additional DWI charges and more severe legal ramifications. But regardless of the DWI charge you've acquired, it would be in your best interest to secure the representation of an experienced criminal defense attorney.

Attorney Joseph D. Lento has the experience and credentials to defend and counsel people who've acquired DWI charges. He will explain your pending charges, build a solid defense and work towards getting your charges reduced or dropped. For more information about Mr. Lento's representation, contact the Lento Law Firm either online or by phone at 888-535-3686.

​​​Contact The Lento Law Firm Today

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When it comes to criminal defense cases, you need the right person in your corner. To learn more about how Mr. Lento can help you, call the Lento Law Firm today at 888-535-3686. or contact him online.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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