DUI/DWI Defense

Defending our clients against charges of driving Under the influence
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DUI/DWI Defense Attorney In New Jersey

DUI/DWI Charges Are Serious

At Thomas DeMarco & Associates, we understand the serious consequences that come with a DUI/DWI charge in New Jersey. A conviction for driving under the influence of alcohol or drugs can result in severe penalties, including loss of driving privileges, heavy fines, and even jail time. If you are facing a DUI or DWI charge, it is crucial to seek experienced legal representation to protect your rights and fight for the best possible outcome in your case.

What is the Difference Between DUI and DWI?

In New Jersey, DUI (driving under the influence) and DWI (driving while intoxicated) are used interchangeably to refer to offenses involving operating a motor vehicle while impaired by alcohol or drugs. New Jersey has strict DUI/DWI laws, and the penalties increase with the severity of the offense and any prior convictions.


New Jersey imposes strict penalties for DUI/DWI offenses, with harsher consequences for repeat offenders. The penalties for DUI/DWI depend on whether it is your first, second, or third offense, and whether any aggravating factors are present, such as having a high BAC, causing an accident, or driving in a school zone.

Call Thomas DeMarco & Associates at 856-541-9000 to schedule a consultation with a lawyer today.

Blood Alcohol Concentration (BAC) Limits

New Jersey’s DUI laws are based on your Blood Alcohol Concentration (BAC), which measures the amount of alcohol in your bloodstream. The legal limits for drivers in New Jersey are as follows:

  • 0.08% BAC or higher: For drivers age 21 and older, this is the legal limit. If your BAC is 0.08% or above, you can be charged with DWI.
  • 0.01% BAC or higher: For drivers under the age of 21, New Jersey has a zero-tolerance policy. Any measurable alcohol in your system can result in a DUI charge.
  • 0.04% BAC or higher: For commercial drivers, a lower BAC threshold applies due to the potential danger of operating large vehicles while impaired.


In addition to alcohol-related offenses, you can be charged with DUI if law enforcement believes you are impaired by drugs, whether they are illegal substances, prescription medications, or over-the-counter drugs.

The Importance of Legal Representation

At Thomas DeMarco & Associates, we understand that each DUI/DWI case is unique, and we are committed to providing a personalized defense strategy. We will thoroughly investigate every aspect of your case to identify potential defenses, such as:

  • Challenging the Traffic Stop: Law enforcement must have a valid reason for pulling you over. If the initial stop was unlawful, any evidence obtained during the stop may be inadmissible in court.
  • Questioning BAC Test Accuracy: Breathalyzer machines and blood tests must be properly calibrated and administered to provide accurate results. If there were errors in the testing procedure or equipment, we will challenge the reliability of the BAC results.
  • Field Sobriety Test Issues: Field sobriety tests (such as walking in a straight line or standing on one leg) are subjective and can be affected by factors like fatigue, medical conditions, or uneven road surfaces. We will question the validity of these tests if they were used to justify your arrest.
  • Challenging Drug-Related DUI Charges: If you were charged with DUI based on drug impairment, we will review the evidence to determine whether the prosecution can prove impairment beyond a reasonable doubt. This may include questioning the accuracy of drug tests or the interpretation of symptoms.


A DUI/DWI conviction can have lasting effects on your life, including damage to your reputation, employment, and financial stability. New Jersey's DUI laws are complex, and navigating the legal system on your own can be overwhelming. With experienced legal representation from Thomas DeMarco & Associates, you can be confident that your rights will be protected, and we will fight to achieve the best possible outcome in your case.


Our goal is to minimize the impact of DUI/DWI charges on your life. Whether we are working to reduce your charges, avoid a license suspension, or prevent jail time, our team is committed to providing you with the strongest defense.

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Have Questions?

Call Thomas DeMarco & Associates at 856-541-9000 today to speak to an attorney.

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