DWI and DUI
A DWI or DUI charge means the police say you drove while impaired, or with alcohol in your blood above the legal limit. New York and New Jersey call it DWI; Florida and Pennsylvania call it DUI. The names differ, but the basic idea is close. Here is how each state defines it.
What the charge means
Most drunk or drugged driving charges rest on one of two theories: that alcohol or drugs impaired your driving, or that a test showed alcohol at or above a set level. A case may charge both. The stop, the field tests, the breath or blood test and how each was done are all evidence your lawyer will look at closely.
A driving case often has two tracks: the criminal case in court, and your driver's license. Tell your lawyer about every paper the police gave you, including anything about your license.
Court by court
New York
New York's DWI statute bars driving with a blood alcohol content of .08 of one per cent or more by weight, and driving while in an intoxicated condition [1].
New Jersey
New Jersey's drunk driving statute sits in Title 39, the motor vehicle law. It covers operating a motor vehicle while under the influence of intoxicating liquor or a narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration of 0.08 percent or more [2].
Florida
Driving under the influence is driving or being in actual physical control of a vehicle while under the influence of alcohol or a controlled substance to the extent that your normal faculties are impaired, or with a blood or breath alcohol level of 0.08 or more [3].
Pennsylvania
Pennsylvania bars driving or being in actual physical control of a vehicle after drinking enough alcohol to be incapable of driving safely, or with a blood or breath alcohol concentration of at least 0.08% within two hours of driving; higher tiers start at 0.10% and 0.16% [4]. A general impairment DUI with no more than one prior offense is a misdemeanor, and the grading section sets higher grades for other cases [5].
What to do now
- Do not discuss the drinking, the stop or the test with the police or on jail calls.
- Keep every paper you were given: the tickets, the test printout, any license notice.
- Write down for your lawyer where you were, what you ate and drank, and when, while you remember. Do not post about it.
- Call a lawyer quickly. License deadlines can run separately from the court date.
For the steps ahead in your court, use What happens next or the court pages for New York, New Jersey, Florida and Pennsylvania.
Common questions
Should I explain to the officer how much I drank?
No. Be polite, give your license and registration, and say you want to speak with a lawyer before answering questions. What you say about drinking is evidence.
Will I lose my license?
A DWI or DUI arrest can affect your license separately from the criminal case, and some of those steps move fast. Call a lawyer right away so nothing is missed.
Sources
- N.Y. Veh. & Traf. Law § 1192(2), (3) (rev. 2014-09-22). Current as of November 11, 2026. Official text
- N.J.S.A. 39:4-50(a). Current as of November 12, 2026. Official text
- Fla. Stat. § 316.193(1) (2026). Current as of November 12, 2026. Official text
- 75 Pa.C.S. § 3802(a), (b), (c). Current as of November 12, 2026. Official text
- 75 Pa.C.S. § 3803(a). Current as of November 12, 2026. Official text
Arrested, or think you might be? Call before you answer any questions.
Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.