Created by FindLaw's team of legal writers and editors | Last reviewed March 02, 2018
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Whether on the New Jersey Turnpike or just leaving a late-night gambling session in Atlantic City, getting pulled over for a drinking and driving offense can be a scary experience. In New Jersey, as in all other U.S. states, impaired driving is against the law and courts take this crime very seriously by imposing steep penalties and driver's license restrictions. It is best to never drink alcohol or take controlled substances and drive, but if you do, here is some information to better educate you on a New Jersey Driving Under the Influence (DWI) charge.
An impaired driving charge in New Jersey is known as a "DWI" or driving while intoxicated offense. Basically, the law prohibits operating a motor vehicle if you are impaired by alcohol or drugs, illegal or prescription, if you are unable to drive your car with the care and caution of a sober person. This is separate from a "Per Se" charge, which requires a blood alcohol concentration of 0.08 percent or higher in your system at the time of driving.
Want to exacerbate your DUI sentence? Drive with a minor under the age of 18 years old while you intoxicated and you'll face ever harsher penalties. You can also be guilty of a disorderly persons offense and will likely forfeit your right to drive a car for at least six months in addition any other penalties.
This chart lays out the basics of New Jersey's DWI laws:
New Jersey DWI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent |
|
| "Per Se" BAC Limit | 0.08 Percent |
| Zero Tolerance (Underage) BAC Limit | 0.02 Percent |
| Enhanced Penalty (Aggravated) BAC Limit | 0.10 Percent |
| Implied Consent to Submit to BAC Test? | Yes |
New Jersey DWI Laws: Select Penalties |
|
| Minimum License Suspension or Revocation (1st, 2nd, 3rd offense) | 3 months/ 2 years/ 10 years |
| Mandatory Alcohol Education, Assessment and Treatment | Both |
| Vehicle Confiscation Possible? | Temporary impoundment following arrest |
| Ignition Interlock Device Possible? | Yes (discretionary for first-time offenders; mandatory for high BAC and repeat offenders) |
A DWI arrest is an unpleasant experience and a conviction can have lasting consequences on your future. If you want to learn more about New Jersey's DWI laws, consider speaking with an experienced DWI attorney who can explain New Jersey's implied consent law, per se limits, and more.
Contact a qualified DUI attorney to make sure your rights are protected.
Get tailored advice and ask your legal questions. Many attorneys offer free consultations.