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DUI vs DWI – What’s the difference?

“What’s the difference between “Driving Under the Influence” (DUI) and “Driving While Intoxicated” (DWI) in New Jersey?”

Videos on “How To Get out of DWI Charges” are listed below. Please Click Here to answer any other New Jersey DWI related questions that you might have.


What’s the difference between DUI and DWI in New Jersey?

Answer: Believe it or not, there is no such thing as DUI in new Jersey.  DUI is an acronym for “Driving Under the Influence”.  DWI stands for “Driving While Intoxicated”.  Technically, you could drive “under the influence” of drugs or alcohol just as you could “drive while intoxicated” on drugs or alcohol.  Since these terms mean basically the same thing, the state of New Jersey decided to prosecute every type of “influence” or “intoxication” under the same statute:  N.J.S.A 39:4-50.

This is the New Jersey DWI statute.  There is no New Jersey DUI statute.  If you were smoking marijuana and driving, it’s a DWI.  If you were drinking and eating prescription drugs, it’s a DWI.  Any form of intoxicant that will result in the impairment of your driving results in a DWI charge.

Driving under the influence is simply the most commonly used term to reference these charges around the country.

“These videos explain how we will fight against your DWI charges:”

Challenge the Initial Motor Vehicle Stoppage
Challenge the Field Sobriety Tests
Challenge the 20 Minute Observation Period
Challenge the Alcotest 7110 machine itself

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Areas We Serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.


Hackensack Location

254 State Street

Hackensack, NJ 07601

  (201) 556-1570    Directions

Morristown Location

55 Madison Avenue Suite 400

Morristown, NJ 07960

  (908) 336-5008    Directions