South Jersey DWI DUI - Reinherz Law

Many of us have been in the position of seeing flashing lights behind us – or perhaps ahead of us at a sobriety checkpoint – and feeling a pang of panic. Will that one glass of wine you had with dinner count against you? Did you have too much to drink at the happy hour? Are you going to be charged with a crime? When you’ve been accused of driving under the influence, you generally have more questions than answers. Working with an experienced DUI/DWI driver is your best option. At Reinherz Law, we have extensive knowledge about the laws and penalties in both Pennsylvania and New Jersey. Contact us today to find out how we can help.

One of the first questions people often ask is about what the main difference are between being charged with driving while intoxicated (DWI) and driving under the influence (DUI). The terms are generally used interchangeably, and some states even use an entirely different term – Operating While Intoxicated (OWI).  In all cases, the charge has to do with operating your vehicle while you are impaired, and there is almost no effective difference between whether that impairment comes from alcohol or drugs.  The only real difference has to do with the arrest process.

Being arrested for driving while under the influence of alcohol is measured by a person’s blood alcohol concentration, or BAC. If you have tested with a BAC of .08 or higher, you can be charged with DUI or DWI. The higher your BAC level, the more serious the offense with which you will be charged, and the more significant the penalties that you face. While if you are charged for driving while impaired by alcohol, the arresting officer can administer a chemical breath test, no such test is available for impairment due to illicit drugs. What will be needed is a blood test to determine whether there is any schedule I controlled substance in your blood, or a metabolite of one. You can also be charged based upon whether you appear to be under the influence of a drug or drugs to the point where you cannot drive safely. So the real difference is whether your charge is based upon a chemical test or simply on whether your driving is impaired.

Alcohol-related charges are much easier for police to prove in court, as they involve concrete scientific evidence, where impairment may rely on the interpretation of a field sobriety test. In both cases, your best chance of minimizing the charges against you or having the charges dropped entirely rests on the skill and experience of the attorney you choose to represent you. Call Reinherz Law today to learn more about how we can help.

 

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