DWI Law in New Jersey

On this page we will discuss, DWI in general, DWI for drivers under 21 years of age, DWI for commercial drivers license (CDL) holders, refusal to take the breathalyzer, and the new DWI in a school zone offenses. Volumes have been written on these topics. We try here to give you the basics.  Learn about the vehicle impoundment law (a/k/a John's Law).

On January 20, 2004 the Governor signed a bill making sweeping changes to the DWI laws of this state.  The changes are incorporated in the following information.

DWI - An Introduction:

    Driving While Intoxicated is one of the most serious motor vehicle offenses handled in the New Jersey Municipal Courts -- and the penalties reflect the seriousness of the charge. Before discussing the various alcohol related offenses there is one misconception which we would like to correct: you CAN still be convicted for DWI even WITHOUT a breathalyzer! This will be discussed more below.

    New Jersey law prohibits driving while under the influence of alcohol or narcotics, hallucinogenics or habit forming drugs, or while your blood alcohol content (BAC) is above a certain limit.  Prior to January 20, 2004 that limit was 0.10% or higher.   The new law reduced that limit to 0.08%.  The new law also changes the penalty for DWI depending on the BAC level.

    Under the new law, if your BAC is between 0.08% and 0.10% based upon a reliable chemical test performed within a reasonable time after operation of a motor vehicle then you are guilty of DWI.  For a first offense, however, there is now a difference in penalties depending on whether your BAC is over 0.10%.

The penalties for a DWI (between .08% and .10%) are as follows:

FIRST OFFENSE 
a fine of $250 to $400
up to 30 days in jail
3 months license suspension
12 to 48 hours at the Intoxicated Driver Resource Center (IDRC) a
a $200 surcharge to the drunk driving enforcement fund
an insurance surcharge of $1,000 per year for three years
a DMV restoration fee of $100
a $50 assessment to the Violent Crimes Compensation Board
a $75 fee for the Safe and Secure Community Program
** at the court's discretion, you may be required to install an interlock
device on your ignition which would require a breath sample
before the ignition would start.

The penalties for a DWI (0.10% or higher) are as follows:

FIRST OFFENSE
a fine of $300 to $500
up to 30 days in jail
7 to 12 months license suspension
12 to 48 hours at the Intoxicated Driver Resource Center (IDRC) a
a $200 surcharge to the drunk driving enforcement fund
an insurance surcharge of $1,000 per year for three years
a DMV restoration fee of $100
a $50 assessment to the Violent Crimes Compensation Board
a $75 fee for the Safe and Secure Community Program
** at the court's discretion, you may be required to install an interlock
device on your ignition which would require a breath sample
before the ignition would start.

The penalties for second and third offenses are unchanged by the new law and make no distinction between the readings:

SECOND OFFENSE
a fine of $500 to $1,000
thirty days community service
forty-eight hours to ninety days in jail
two year license suspension
forty-eight consecutive hours at the Intoxicated Driver Resource 
Center (IDRC) at $75 per day
a $100 surcharge to the drunk driving enforcement fund
an insurance surcharge of $1,000 per year for three (3) years
a DMV restoration fee of $100
a Bureau of Alcohol Countermeasures administrative fee of $80
a $50 assessment to the Violent Crimes Compensation Board
a $75 fee for the Safe and Secure Community Program
** either the suspension of the vehicle's registration and tags for two years or the installation of an interlock device.

THIRD OFFENSE
a fine of $1,000
minimum 180 days in jail
ten year license suspension
detainment in an in-patient aloholism treatment program
meet requirements set by the Bureau of Alcohol Countermeasures
and the Intoxicated Driver Resource Center
a fee to be paid to the IDRC as set by the court
a $100 surcharge to the drunk driving enforcement fund
an insurance surcharge of $1,500 per year for three years
a DMV restoration fee of $100
a Bureau of Alcohol Countermeasures administrative fee of $80
a $50 assessment to the Violent Crimes Compensation Board
a $75 fee for the Safe and Secure Community Program
** either the suspension of the vehicle's registration and tags for ten years or the installation of an interlock device.

** These provisions were signed into law in August 2000 and became effective January 1, 2001.

    NOTE for commercial drivers license (CDL) holders: the BAC level for CDL holders is 0.04% when you are driving a commercial vehicle.  For example, when driving your own personal vehicle on your own personal time you're subject to the 0.10% limit, but if you are driving a commercial vehicle and have a BAC of 0.04% or higher you can be convicted of DWI.

DWI for Drivers Under Age 21:

    For people under the legal age for the consumption of alcohol, there is a different law. This statute prohibits any person under age twenty-one from driving with a Blood Alcohol Content between 0.01% and 0.10%. In other words, any alcohol content by someone under twenty-one will subject that person to penalty. Note that if the BAC is over 0.10% then you may be charged with the general DWI violation.

    The penalties for an underage DWI are:

thirty to ninety day license suspension
fifteen to thirty days community service
completion of the IDRC program as described above

Refusal to take the Breathalyzer:

    Simply stated it is never advisable to refuse the breathalyzer test. As discussed above, the breathalyzer is only one of the ways in which the State can prove your guilt of DWI. As such, you can still be convicted based upon the officer's observations. Moreover, there are significant penalties just for refusing to take the test. These penalties are in addition to the basic DWI penalties, and include:

First Offense -- $250 to $500 fine and a six month license suspension
Second (and subsequent) offenses -- $250 to $500 fine and a two-year license suspension.

    You are also subject to the annual insurance surcharges as set forth under the DWI penalties above.

    Refusing after a Prior DWI: to further remove any incentive to refuse the test, the penalties are enhanced if you have a prior DWI conviction. The logic behind this is simple: if you were arrested for your second DWI you would know you're facing a two year license suspension, so you might try to be clever and refuse the test (remember, a first refusal is only a six month suspension). To avoid this situation, the law states that if you have a prior DWI and then you refuse the breathalyzer your DWI counts as a prior refusal. So, in the example above you would be sentenced as a second refusal where the penalties are nearly identical to a second DWI.

DWI in a School Zone:

    Additional penalties apply if your DWI occurs in a school zone. In order for these provisions to apply, your DWI violation must happen:

(a) on school property or
(b) on any property owned or leased to an elementary or secondary school or
(c) within 1,000 feet of school property or
(d) driving through a designated school crossing crosswalk, or
(e) driving through any crosswalk knowing that juveniles are present.

    If any of these conditions are present and you are charged while driving while intoxicated the following penalties apply in addition to the basic DWI penalties:

First Offense
a fine of $500 to $800
up to sixty days in jail
one to two years license suspension

Second Offense
$1,000 to $2,000 in fines
a minimum of sixty days community service
jail of at least ninety-six hours up to 180 days
four years license suspension

Third Offense
$2,000 fine
180 days in jail
twenty year license suspension

Vehicle Impoundment

Since summer 2001, "John's Law" mandates the impoundment of the vehicle when you are arrested for driving under the influence. The vehicle is to be held for at least 12 hours before it can be returned to the allegedly intoxicated driver.  The vehicle can be released sooner but only if released to another person and only if:

a.    that person owns/leases the vehicle or
b.    if the person arrested owns/leases the vehicle, then he or she must give the other person written permission to take the vehicle.

Whether the driver or someone else takes the vehicle, before the vehicle can be released the person will have to provide proof of a valid driver's license, proof of ownership and proof of valid insurance for the vehicle.  Of course, the person seeking to take the vehicle must also be able to operate the vehicle (e.g. cannot be intoxicated).

Useful Links:

The main website of Alcoholics Anonymous

The New Jersey Prevention Network is "dedicated to alcohol and drug prevention education and early intervention as well as problems related to substance abuse."

Is your loved one battling substance addition?  Find support from Al-Anon/Alateen.

The National Alcohol and Substance Abuse Information Center can assist you in finding inpatient and outpatient treatment centers in your area.

If you need a DWI defense attorney in another state, click here.

Special thanks to Colorado DWI attorney Jim Forslund.

Disclaimer: This web site is purely a public resource of general New Jersey information (it our intention, but not our promise or guarantee, that this information be correct, complete, and up-to-date). It is not intended be a source of legal advice.  Do not rely on information at this site or others in place of the advice of competent counsel. Christopher M. Carnelli complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement.