NEW JERSEY DWI

Blood Alcohol Level (BAC) for Driving While Intoxicated (DWI) in New Jersey:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .01% or above
• Commercial Drivers: .04% or above
• High BAC: None

Implied Consent and Chemical Test Refusal: If you drive on the roads in New Jersey, you have committed yourself to following the New Jersey Implied Consent Law. This means that you must allow a police officer that pulls you over to perform a blood, urine or breath test to determine your BAC. If you refuse to allow a New Jersey officer to perform a chemical test you will be fined $250-500 and your driver's license will be suspended for one year.

If you are found to have violated a New Jersey implied consent law or are arrested for a DWI, you should seek the advice of a New Jersey DWI lawyer. Trying to defend yourself when you have been arrested for a DWI can be a challenging process, and an attorney can be of great assistance.

New Jersey DWI Arrest - Civil Case

Potential Penalties:

• License Suspension:
  • First DWI Conviction: 3 months. However, if your BAC is .10% or more, your license may be suspended from 7 months to 1 year. You must also attend the Intoxicated Driver Resource Center for 2 days at 6 hours a day.
  • Second DWI Conviction: 2 years.
• Monetary Fines:
  • First DWI Conviction: From $250-$400. But, if your BAC is .10% or greater then from between $300 and $500. You must also pay $525 minimum in other DWI fees, and an insurance surcharge of $1,000 for 3 years.
  • Second DWI Conviction: From $500-$1,000. You must also pay $525 in other DWI fees and an Automobile Insurance Surcharge of $1,000 for 3 years.
• Community Service: 30 days of community service after your second drunk driving offense.
• Probation: Yes, probation is possible.
• Motor Vehicle Impoundment: The police may impound a drunk driver's car.
• Ignition Interlock: The court may order you to install an ignition interlock device after either your first or second DWI.
• Prison Time:
  • First DWI: Maximum 30 days.
  • Second DWI: Maximum 90 days.

New Jersey DWI Arrest - Criminal Charges: You cannot be criminally charged for DWI in New Jersey.

Reinstating Your License After New Jersey DWI Conviction: To reinstate your driver's license in New Jersey, you must pay all required fees and fines, serve your suspension time, pay a $100 restoration fee to the New Jersey Motor Vehicle Commission (MVC), and complete your required participation in an Intoxication Driver Resource Center.

Effect of New Jersey DWI on Car Insurance: If you have been convicted of a DWI, you will have to ask your insurance company to file an SR 22 proof of insurance form with the New Jersey MVC. SR 22 insurance can be very costly after a DWI.

Effect of New Jersey DWI on Driving Record: In New Jersey, DWIs remain on your driving record permanently.

Under 21 and New Jersey DWI: New Jersey's Zero Tolerance Law states that if you are underage, have a BAC of .01% or above, and are stopped while driving a vehicle, you have violated the law. As a result, your driver's license may be suspended for 30 to 90 days for your first offense. It is possible that you will also have to perform community service for 15 to 30 days and attend a drunk driver resource center program. If you have a BAC of over .08%, you will be charged as an adult.

New Jersey DUI Resources

New Jersey Motor Vehicle Commission:

http://www.state.nj.us/mvc/

New Jersey DWI Statutes:

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=20406618&depth=2&infobase=statutes.nfo&softpage=TOC_Frame_Pg42