New Jersey prohibits the operation of a motor vehicle while under the influence or with a blood alcohol content (BAC) of .08% or greater. Also, a vehicle owner can get a DWI conviction for permitting an intoxicated person to operate the owner's vehicle.
Operation of a vehicle. A person can be convicted of DWI for operating or attempting to operate a vehicle under the influence. For a conviction, there must be evidence of intent to drive (actual physical control and overt action) but there doesn't need to be actual movement of the vehicle.
Under the influence. Drivers are prohibited from being under the influence of intoxicating liquors, narcotics, hallucinogens, or habit-producing drugs. "Under the influence" is defined as a substantial deterioration or diminution of the mental faculties or physical capabilities.
Per se DWI. A driver can be convicted of DWI without proof of actual intoxication if the driver's BAC is .08% or more. This is termed a "per se DWI."
The statutory limitations for DWI penalties depend on whether the offense is a first, second, or third offense. An offense that occurs more than ten years after a first offense will be penalized as a first offense. And a third offense where none of the priors were within the last ten years will be penalized as a second offense.
|
Jail |
Up to 30 days |
48 hours to 90 days |
180 days |
|
Fines |
$250 to $400 ($300 to $500 if BAC of .10% or more or under influence of drugs) |
$500 to $1,000 |
$1,000 |
|
Intoxicated Driver Resource Center (IDRC) Program |
12 to 48 hours |
Complete program |
Complete program |
|
License Revocation |
3 months (7 to 12 months if BAC of .10% or more or under influence of drugs) |
1 to 2 years |
8 years |
|
Community Service |
None |
30 days |
Up to 90 days (counts towards jail term) |
IDRC. All DWI convictions require the offender to participate in a drug and alcohol screening and evaluation and complete treatment recommendations through the IDRC. Each day in the IDRC requires the participant to complete at least six hours in treatment and pay a $75 fee ($100 for second or subsequent offenses), but days in the program can count towards up to 90 days of the offender's jail term.
Passengers under 18 years old. A driver can be charged with a "disorderly persons" offense if he or she was transporting a passenger 17 years old or younger at the time of the DWI. A convicted driver will incur additional community service hours and an extended license revocation.
Fees. Aside from treatment costs and fines, a convicted driver must also pay a $100 victim's fund fee and a $125 drunk driving surcharge, as well as court costs.
At the time of arrest, the officer is supposed to impound the driver's vehicle for 12 hours and will likely request a breathalyzer test. A test failure can be used by the prosecution in court to prove a DWI charge—a conviction leads to license revocation. And an unlawful refusal to take a breath test also leads to license revocation.
Refusal. Pursuant to New Jersey's implied consent laws, a driver who unlawfully refuses a breathalyzer test will face the following consequences.
Generally, the revocation periods for a test refusal and a conviction will run consecutively (back-to-back), but the judge can permit the suspensions to run concurrently (at the same time) on a first offense.
IIDs. For DWIs involving only alcohol, the court will order the installation of an ignition interlock device in lieu of suspension. The IID period for a first offense depends on the BAC recorded and will range from three to 15 months. An IID must be maintained for two to four years for a second offense and eight years for a third offense.
Insurance. A driver who refuses testing or is convicted of DWI will be required to pay an annual insurance surcharge for three years. For a first offense, the surcharge is $1,000 annually ($3,000 total). The surcharge for a second or subsequent offense is $1,500 annually ($4,500 total).
New Jersey drivers who are under the age of 21 are prohibited from having a BAC of .01% or more. Any underage driver with a BAC of .01% to .08% will face 30 to 90 days license revocation, 15 to 30 days community service, and must participate in the IDRC or a similar treatment program.