When it comes to moving violations, one of the most egregious offenses is the notion of drinking and driving. Any person who makes the decision to get behind the wheel with a fair amount of alcohol in his system is essentially making it clear that he has no regard for his safety or the safety of other innocent people out on the road. While such a choice comes with its own set of obvious moral implications, from a legal standpoint, drinking and driving is an offense that is punishable on both a financial and logistical level.
When people talk about drinking and driving, they are usually referring to one of two concepts. The first is DWI, which stands for Driving While Intoxicated, and the second is DUI, or Driving Under the Influence. However, since many people tend to use these terms interchangeably, the question then arises as to what the actual difference is between the two concepts. Elliot Wiesner is a New Jersey attorney who has been representing clients on DWI and DUI charges for over a decade, and he offers an answer.
According to Wiesner, in a number of states, the penalties involved in DWI versus DUI offenses can vary, with Driving While Intoxicated being the more punishable of the two. However, in New Jersey, where Wiesner practices, there is no legal distinction made between Driving While Intoxicated and Driving Under the Influence. While other states might sometimes allow for the option of guilty parties to reduce their sentences from DWI to DUI, in New Jersey, this concept is nonexistent. That’s all the more reason for New Jersey drivers to be extra cautious about getting on the road with alcohol in their systems.
So how much alcohol does it take to be in a position to get convicted of DWI or DUI? The actual amount of alcohol depends on the driver in question. There is no hard and fast rule stating “no more than three beers.” Some people, based on their body weights, can drink three beers and be perfectly capable of operating a vehicle later on that evening, while others might find themselves falling over halfway through their second bottle. What people should know is that blood alcohol levels of 0.08% or higher are considered illegal in conjunction with operating a vehicle. Of course, the average person probably couldn’t tell you what that means in terms of actual alcoholic consumption, making it that much easier to get caught.
So does this mean that as long as your blood alcohol level is 0.0799%, that it’s perfectly okay to drive? According to Elliot Wiesner, absolutely not. There are two ways in which a person in New Jersey can get charged with a DWI or DUI offense. The first charge states that the driver in question was at the absolute limit as far as blood alcohol levels are concerned - a fact that is confirmed by the results of a properly-performed breathalyzer test. The second charge is based on your physical capabilities of driving while under the influence of alcohol as observed by an officer of the law. In other words, even if you are technically below the legal limit as far as blood alcohol levels are concerned, it doesn’t mean that alcohol hasn’t impaired your ability to safely drive a car. You can technically be below the legal limit and still get slapped with a DWI or DUI charge, both of which come with their fair share of fines and penalties.
After all is said and done, from both a financial and a logistical standpoint, it truly makes little sense to drink and drive. If you’ve been out drinking and you suddenly find yourself less confident in your ability to operate a vehicle, then ask for a ride or call a taxi. Contrary to popular belief, they do have taxis in the suburbs.
