The Garden State is known for its strict DWI laws. In fact, New Jersey can prosecute you for a DWI in one of two ways. The first is by, proving that you were under the influence of alcohol. This can be determined from poor driving performance or failure of field sobriety tests. The second is through a violation of the state’s “per se” law by having a blood alcohol content above the legal limit of .08%. New Jersey DWI cases are unique, since there is no pre-trial administrative driver's license suspension, as there is in many other states. The only driver's license consequences are imposed by the court.
New Jersey has enacted John’s Law, which allows police to impound the vehicle of a drunk driver. If you refuse to take a chemical test after your arrest, this can have serious consequences and directly affect your driver’s license.
New Jersey DWI Penalties
You will serve no more than 30 days of jail for a first-time offense. Your license will be suspended from 7 months to 1 year and you will be ordered to pay a fine of $250 to $400. You must also attend 12 hours of alcohol education classes at the Intoxication Driver Resource Center. Other typical penalties may include: probation, community service, ignition interlock system, insurance problems, loss of job, alcohol education and restricted travel.
New Jersey and BAC
Your BAC or blood alcohol content cannot exceed .08% or you are DWI. The police can determine your BAC through chemical testing. These are blood, breath or urine tests. Each must be performed properly and conducted by the appropriately trained professional.
Field Sobriety Tests
A police officer may ask you to perform the HGN (horizontal gaze nystagmus), one leg stand or walk and turn test if he or she suspects you of drinking and driving. The HGN test requires you to follow an object with your eyes. The others are balance and coordination tests.
Ignition Interlock
The judge may order this device to be installed in your car. You cannot start your car until you blow into the machine alcohol-free.
Zero Tolerance
For those under 21 with a BAC of 0.01% or more, but less than 0.08%, you will lose your license or be prohibited from obtaining a license for 30 to 90 days, and you will perform community service for 15 to 30 days.
Your DWI Lawyer
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