Under New Jersey law, if a person is found to be driving with a blood alcohol concentration (BAC) level above 0.08%, they are driving while intoxicated (DWI). The zero tolerance BAC limit for drivers younger than 21 is 0.02%.
In most states, there is an additional category of DWI that carries penalties that are much harsher than the penalties for lower categories of DWI. If a driver is found to have a BAC of 0.10% or greater, it is known as aggravated DWI. An experienced New Jersey DUI defense attorney can help you understand these different penalties.
Aggravated DWI is considered a serious criminal offense. The penalties for these offenses are much greater than the penalties for misdemeanor DUI offenses. An example of aggravated DWI is driving under the influence and having minors in the vehicle, or driving under the influence and also committing additional traffic offenses. You can also be charged with an aggravated DWI if you were driving under the influence and are involved in an accident that results in a death.
In New Jersey, DWI cases are heard in municipal courts, not like in other states where DUI and DWI cases are heard in criminal courts. New Jersey is one of only six states that do not have a specific aggravated DWI law.
If you have been charged with a DUI in New Jersey, it helps to understand the laws and penalties involved. Contact a knowledgeable New Jersey attorney at Aiello, Harris, Marth, Tunnero & Schiffman, P.C. online or at (908) 561-5577.