New Jersey DWI Laws

The state of New Jersey has some of the strictest driving while intoxicated (DWI) laws in the country. A DWI charge and conviction have severe penalties, including jail time and hefty fines. New Jersey also requires people guilty of DWI to undergo a mandatory substance abuse assessment and, if warranted, treatment.

This article discusses New Jersey’s DWI laws and the penalties for DWI in New Jersey. If you’re facing a DWI charge in New Jersey, contact an experienced DWI defense attorney right away. They know New Jersey’s DWI laws inside and out and can often achieve a much better result than someone going it alone.

Blood Alcohol Concentration (BAC) Limits and Implied Consent

Whether a person faces DWI charges depends heavily on their blood alcohol content (BAC) at the time of their arrest. The table below outlines New Jersey’s BAC limits and other laws related to blood alcohol testing.

New Jersey DWI Laws

New Jersey law prohibits anyone from operating a motor vehicle while under the influence of:

• Alcohol
• Narcotics
• Hallucinogenic drugs
• Any habit-producing drug

It is against the law to drive under the influence of prescription drugs if the person takes more of the drug than they’re supposed to. A person will face DWI charges and other criminal charges if law enforcement discovers that they are under the influence or in possession of prescription drugs that are in another person’s name.

Driving a motor vehicle with a blood alcohol content (BAC) of 0.08% constitutes DWI. The BAC required for people under 21 is anything above zero.

New Jersey law also states that a person can face DWI penalties if they knowingly allow or encourage another person to operate a vehicle while under the influence.

Per Se DWI Offense

New Jersey has a per se DWI statute. With a per se DUI/DWI offense, the police can charge you with DWI if a chemical breath test shows your BAC to be at or above the legal limit of 0.08%. The results of the breathalyzer (alcotest) serve as per se evidence that you have violated the law.

In a per se DWI case, the state does not have to prove that you were driving your motor vehicle negligently or recklessly. The fact that your BAC is above the legal limit is enough to support a DUI/DWI conviction.

Implied Consent Law

When you drive in the State of New Jersey, you agree to abide by all state laws and regulations, including all traffic laws. One of these laws is implied consent to take a chemical breath or breathalyzer test when a police officer reasonably believes you’re driving while intoxicated.

New Jersey’s implied consent law only applies to an evidentiary breath test. It does not include consent to submit to a blood or urine test. Nor does it give the state implied consent to submit to a field sobriety test.

You may refuse field sobriety testing and a preliminary breath test. Keep in mind that the police officer can still arrest you on suspicion of DWI and request a warrant to compel you to submit to the breath test anyway.

Refusing to Take a Breath Test in New Jersey

Ultimately, you decide whether to submit to a Breathalyzer test. Some drivers refuse the test because they suspect they will perform poorly on the test and risk a DWI arrest. Others fear that something other than alcohol or drugs may cause them to perform poorly, such as weather or a medical condition.

The table below outlines the penalties for refusing to take an evidentiary breath test in the State of New Jersey.

The above penalties are separate from any penalties the judge imposes in your DWI criminal case. You’ll have to serve your suspension and pay fines regardless of the outcome of your DWI charge. Plus, the prosecutor may introduce evidence of your refusal in court. This could lead to a suspension or revocation of a person’s driver’s license.

Disorderly Persons Offense

If you have a passenger under the age of 18 in your vehicle at the time of your DWI, you could face an additional charge for “disorderly persons."

A conviction of this crime will result in a six-month driver’s license suspension and a court order to perform five days of community service.

Driving with an Open Container in New Jersey

Even if your BAC is below the legal limit, you may still face consequences for driving with an open container. Not only that, but the police officer may use the presence of open containers (or empty bottles) as proof that you’re driving under the influence of alcohol.

According to NJSA 39:4-51b, the following acts can lead to an infraction, fines, and possible community service:

• A driver with an open container in their vehicle
• Having an open container in the passenger compartment
• Having an open container in a parked car
• Having an open container in any part of the vehicle accessible to the driver or passenger(s)

A first-time infraction of the above will result in a $200 fine. Subsequent offenses result in a $250 fine and up to ten days of community service.

Conviction Penalties

Penalties for a DWI conviction are both criminal and administrative. While the criminal court will hear your DWI charge, the New Jersey Motor Vehicle Commission will track your driving privileges and ignition interlock device requirement.

Ignition Interlock Devices

Every DWI conviction in New Jersey requires installation of an ignition interlock device (IID). An IID is a breath-testing machine that connects to a person’s vehicle’s ignition. To drive, the individual must provide a breath sample. If the IID detects alcohol in their breath, the car won’t start.

Often, IIDs come equipped with cameras to ensure you’re taking the test and not someone else. The IID may prompt you for further breath samples while driving to ensure you aren’t drinking.

Most DWI convictions in New Jersey come with an insurance surcharge of $1,000 per year for three years. After a third conviction, the charge increases to $1,500 per year.

The table below outlines the penalties for convictions under New Jersey’s DWI statutes.

Additional Penalties

Everyone guilty of a DWI offense must pay the following mandatory fees and any fines the court imposes.

These fees include:

• Drunk Driving Enforcement Fund: $100
• Motor Vehicle Commission restoration: $100
• Intoxicated Driving Program: $100
• A Violent Crimes Compensation Fund: $50
• A Safe and Secure Community Program: $75

Defendants may also be required to complete an alcohol dependency evaluation and complete a recommended treatment program. A judge may order community service in certain cases.

Intoxicated Driver Resource Center

Along with the New Jersey Intoxicated Driving Program (IDP), the Garden State maintains the Intoxicated Driver Resource Center (IDRC), which provides intervention, screening, and treatment services for DWI offenders.

Depending on a person’s conviction, they may spend six to 48 hours in a local IDP, where the staff will conduct a substance use evaluation. Based on their assessment, the IDRC will develop a treatment plan. The offender must complete the recommended treatment plan as part of their sentence.

Zero Tolerance for Underage DWI

Alcohol consumption and possession are illegal for anyone under the age of 21. Under New Jersey’s zero-tolerance law, if an underage driver or passenger has a BAC of 0.01% or more, they will face an underage DWI charge. If their BAC is 0.08% or higher, they will face an adult DWI charge.

If guilty of DWI, the underage person must perform 15 to 30 hours of community service. They will also lose their driver’s license for 30 to 90 days and complete an alcohol and traffic safety education program.

Facing a DWI in New Jersey? Talk to a Defense Attorney

A DUI or DWI conviction can have lasting consequences on your future. You may be ineligible for professional licenses, unable to pass background checks, and disqualified from some housing opportunities. Consider speaking with an experienced DWI criminal defense attorney who can evaluate your case and provide valuable legal advice.