Did you know that drinking even one glass of alcohol can impair your driving?
Despite what a lot of people believe, alcohol, even in small doses, can affect how alert and level-headed you are when driving. The same goes for drugs.
And because of that, driving while intoxicated (DWI) is SO dangerous.
To prevent that, the State of New Jersey implements strict DWI laws with harsh penalties.
We’re here to tell you all about it.
We’re going to go through all the New Jersey DWI laws, the penalties, the effects of alcohol and drugs, BAC levels, and so much more.
So are you ready?
Let’s dive right in!
DWI Laws in New Jersey
Here are the laws related to DWI in New Jersey:
- Illegal BAC levels
- Drugs and driving
- Implied Consent Law
- Open Container Law
Let’s get into the details of each one.
Illegal BAC Levels
Blood Alcohol Content (BAC) measures the amount of alcohol in your system.
Now, in New Jersey, the illegal BAC levels are as follows:
- .08% or higher
- .01% or higher if you are under 21 years old
- 0.04% or higher if you hold a commercial driver’s license
If you reach these levels, then you will be convicted of driving while intoxicated (DWI).
But wait…
Did you know that your BAC does not depend on the type of alcohol you drink?
Most alcoholic beverages will have the same amount of alcohol – ½ ounces of alcohol per drink. So even if you just drink beer, this is not a guarantee that you’ll have a lower BAC.
As a general rule to avoid getting tagged as DWI, DON’T DRINK AND DRIVE.
Drugs and Driving
When it comes to drugs, the New Jersey laws simply state — it is illegal to drive while under the influence of drugs.
So that means if you show signs of impaired driving and have any amount of drugs in your system, you will be convicted of DWI.
Remember, we’re not just talking about illegal drugs. Prescription and over-the-counter drugs can impair your driving, too.
That said, you might be let off with a warning if you can show your medication prescription. If you don’t have proof, then it is illegal and you will be convicted of DWI.
Implied Consent Law
But how will law enforcement officers know your BAC or drug level?
Well, they will pull you over and ask you to take a breath, urine, or blood test.
And, under the Implied Consent law, you are required to submit to these tests. Everyone with a New Jersey driver’s license automatically agrees to obey this law.
If you don’t trust a law enforcement officer, you can opt to get your breath, urine, or blood test from an independent clinic.
What if you refuse?
These are the consequences you will face:
- You may still be charged with DWI. Even if your BAC level is unknown, your impaired driving actions alone can convict you of a DWI. Also, your refusal just confirms what an officer suspects.
- You will have to pay a fine ranging from $300 to $1,000, depending on the road you are on.
- You will have to pay a surcharge of $1,000 over a year.
- You will lose your driving privileges for 7 months to 2 years, depending on the road you are on.
- You have to join an Intoxicated Driver Resource Center (IDRC) program for a minimum of 12 hours.
As you can see, the charge is pretty serious.
Open Container Law
This law is more of a DWI prevention.
The New Jersey Open Container Law states that…
“You are not allowed to transport open or unsealed alcoholic beverage containers or cannabis items in driver and passenger areas.”
This stems from the notion that if there is an open container of alcohol or drugs near the driver, there is a chance that they might have taken it while operating the vehicle.
If you are found carrying an open container of any of these, you will be fined $200 for the first offense. For subsequent offenses, the fine increases to $250 and you have to do 10 days of community service.
If you must transport opened or unsealed alcoholic beverages, you can simply place them in the trunk — far away from the driver and passengers.
DWI Penalties in New Jersey
Breaking the Implied Consent and Open Container laws was already harsh.
It becomes even worse if you are convicted of a DWI.
Here is a complete list of penalties for every type of DWI conviction in New Jersey:
| Driving Offense Conviction: | Loss of License: | Fines, Fees, Surcharges: | Imprisonment: | Community Service (CS), IDRC, Detainment, or Interlock: |
| First alcohol offense | To be decided | $200-$500 fine $1,000/year for 3 years surcharge Daily IDRC fee $100 Drunk Driving Fund $75 Safe Neighborhood Services Fund $100 AEREF $125 DUI surcharge | Up to 30 days | Interlock device for 3 months for BAC levels of .08% to .10% Interlock device between 7 months to a year for BAC levels .10% to .15% |
| First alcohol offense for BAC levels over 0.015% | 4 to 6 months | Same as above | Same as above | 12 to 48 hours IDRC IDRC interlock for 9-15 months after license suspension |
| First drug offense | 7 to 12 months | Same as above | Same as above | 12 to 48 hours IDRC |
| Second alcohol or drug offense (within 10 years of first offense) | 1 to 2 years | $500-$1,000 fine $1,000/year for 3 years surcharge Daily IDRC fee $100 Drunk Driving Fund $75 Safe Neighborhood Services Fund $100 AEREF $125 DUI surcharge | 48 hours to 90 days | 12 to 48 hours IDRC 30 days CS Interlock required during license suspension and 3 months to 6 years after suspension |
| Third alcohol or drug offense (within 10 years of second offense) | 8 years | $1,000 fine $1,500/year for 3 years surcharge Daily IDRC fee $100 Drunk Driving Fund $75 Safe Neighborhood Services Fund $100 AEREF $125 DUI surcharge | 180 days | 12 to 48 hours IDRC Up to 90 days CS Interlock required during license suspension and 2=4 years after suspension |
And here is a complete table of other penalties that you can face:
| Driving Offense Conviction: | Loss of License: | Fines, Fees, Surcharges: | Imprisonment: | Community Service (CS), IDRC, Detainment, or Interlock: |
| Open Container Law first offense | N/A | $200 fine | N/A | N/A |
| Open Container Law second offense | N/A | $250 fine | N/A | 10 days CS |
| Driving while license is suspended due to DUI | Additional 1-2 years | $500 fine $250/year for 3 years surcharge | N/A | Driving on DUI suspension |
| DUI driving with no insurance first offense | 1 year | $300-$1,000 fine $250/year for 3 years surcharge | N/A | CS determined by the court |
| DUI driving with no insurance second offense | 2 years | Up to $5,000 fine $250/year for 3 years surcharge | 14 days | 30 days CS |
| Driving while possessing drugs | 2 years | Minimum $50 fine | N/A | N/A |
Effects of Alcohol and Drugs on Driving
As we keep saying, alcohol and drugs impair your driving. But what exactly are the effects?
Let’s look at some examples:
- Reduced ability to focus on the road and to look ahead
- Drowsiness
- Dizziness
- Impaired judgment or reckless behavior
- Slower reaction time
All of this can lead to:
- Overspeeding
- Tailgating
- Excessive and abrupt changing of lanes
- Weaving
- Driving excessively slow
- Quick stops
- Not following the pavement lines
New Jersey Hero Campaign for Designated Drivers
New Jersey is the first state to launch the Hero Campaign for Designated Drivers. This program encourages residents to participate in being the designated driver.
As a designated driver, your responsibility is to make sure that those who have been drinking will be escorted home safely. Of course, this implies that if you are the driver, you shouldn’t be drinking.
This campaign pushes to reduce drunk driving and make New Jersey roadways safer.
FAQs
Got some questions about DWI in New Jersey? Then let’s answer some of the most frequently asked ones.
Is jail time mandatory for a first offense DWI in New Jersey?
Even if it’s your first DWI offense, you will have to face jail time for up to 30 days.
How is my BAC level determined?
Your BAC level is determined by a breath, blood, or urine test. It is calculated as grams of alcohol per 100 milliliters of blood.
BAC is shown as a percent of the amount of alcohol found in your bloodstream.
Can a DWI be dismissed in NJ?
If you believe that you have been wrongly convicted of a DWI, you can have your charge dismissed if the prosecution cannot prove that:
- You were operating the vehicle when you were caught
- You were driving impaired
- Your BAC level went over the illegal percentage
A lawyer can help you dismiss a DWI by disproving or questioning the legitimacy of these scenarios.
Do you lose your license immediately after a DUI in NJ?
You can lose your driver’s license for 3 months to 1 year for your first DWI offense. For second or subsequent offenses, license suspension can be as long as 10 years.
How long does a DWI stay on your record in NJ?
A DWI stays on your New Jersey driving record for 10 years.
How many points is a DWI in NJ?
A DWI is not considered a moving violation in New Jersey, so it doesn’t accumulate points on your license. However, a DWI offense will add 9 insurance points, which will increase your insurance premiums.
Is DWI a felony in NJ?
In New Jersey, a DWI is considered a traffic offense, not a felony or a misdemeanor. That said, if you cause injury or death, it could lead to a felony.
Conclusion
And that was everything you needed to know about the New Jersey DWI laws.
Pretty intense, right?
Well, it’s understandable since driving while intoxicated is VERY dangerous.
So if you want to ensure safety for everyone…
Or you just don’t want to face the harsh penalties…
DON’T DRINK OR DO DRUGS AND DRIVE!
And, you can help others do the same by pledging to the Hero Campaign for Designated Drivers.