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An overview of drunk driving law in New Jersey is explained in this section. The information contained in this page is for general interest only, and is not to be relied upon or considered as legal advice for any individual case. To get legal assistance, one should consult an attorney that practices DWI/ DUI defense where such charges were filed.

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI), is a Motor Vehicle violation in the State of New Jersey, which is defined in N.J.S. 39: 4-50. This is known as "drunk driving" in general, and considered to be one of the most serious motor vehicle violations in the state. Three legal limits of alcohol consumption are 0.08, 0.04, and 0.01 as shown in the table below. Many of you know a legal limit as 0.08, but this applies when one is over 21 years of age and driving a non-commercial vehicle. If one is driving a commercial vehicle and is arrested for DWI, the legal limit is much lower, i.e., 0.04. In any event, everyone should consult a DWI attorney in any case of a charge involving alcohol and a motor vehicle.

* Drinking underage is another offense in New Jersey. People under 21 years of age who get arrested for DWI or DUI will be charged with disorderly conduct, which is categorized under criminal law. Drivers under 21 years of age are also subject to additional charges as drunk drivers for BAC at or above 0.04 and 0.08, depending on circumstances.

When arrested for DWI, many things about you were recorded by police. Those records will be used to prosecute you in court. Generally speaking, there are mainly two types of evidence used. 1) Results from an alcohol detection machine (if you blew into a machine); and2) Performance on roadside tests (walking on a line, etc.) together with observations of your overall appearance.

Breath test records are usually printed on paper. The printout contains the defendant's personal information and the breath alcohol concentration. Performance on the roadside tests is usually recorded by the police officer who arrested you. You may have been told to walk on a line, lift one leg for a while, etc. How well you did on each test is also recorded. You may be videotaped while you conduct those tests. All such records are saved in the police department and your defense attorney will request those to prepare your case.

Based on how you did on the above tests, the court will determine if you are guilty of DWI/DUI or not. When you retain a DWI attorney, your attorney will review those records to defend you. Defense issues can involve if the breath test was properly conducted, if the arrest was appropriate, or sometimes the attorney challenges the science of the breath testing machine. Your attorney will examine whether the State can prove a case beyond a reasonable doubt.

As one can easily imagine, the associated fines and other penalties of a DWI conviction are so severe that it can negatively impact one’s life.

Here is a table for the period of license loss and jail time when you are convicted for DWI in New Jersey.

One should note that the penalties and fines are determined by a court. There is also a IDRC (alcohol class) attendance for 1st, 2nd, 3rd and subsequent offenders, and community service required for 2nd offenders.