A violation for drunk driving (DWI) in New Jersey is governed by N.J.S. 39:4-50 which provides in pertinent part for a first offense:

The statute, N.J.S.A. 39:4-50 provides:

(a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood shall be subject:

(1) For the first offense:

(i) if the person’s blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;

(ii) if the person’s blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

As the above statute states, the legal limit in New Jersey is .08% Blood Alcohol Content (“BAC”). If your BAC is between .08% and .10%, this is known as a “first tier” DWI and includes the following penalties:

  • Three (3) months driver’s license suspension
  • Fine: $250.00 to $400.00
  • Up to thirty (30) days in jail at the discretion of the court
  • Between twelve (12) and forty-eight (48) hours in the Intoxicated Driver Resource Center (IDRC)
  • New Jersey DMV Surcharge: $1,000.00 per year for three years
  • Mandatory fines and penalties

If your BAC is over .10%, on a first offense the defendant is facing the following penalties:

  • License suspension between seven (7) months and one (1) year
  • Fine: $300.00 to $500.00
  • Up to thirty (30) days in jail at the discretion of the court
  • Mandatory ignition interlock device for period of suspension and six (6) months following suspension if the defendant’s BAC is .15% or higher.
  • Between twelve (12) and forty-eight (48) hours in the Intoxicated Driver Resource Center (IDRC)
  • New Jersey DMV Surcharge: $1,000.00 per year for three (3) years
  • Mandatory fines and penalties

I represent clients charged with driving while intoxicated (DWI), driving while under the influence of drugs, and refusal to submit to a breath test throughout Morris County on a daily basis. My criminal trial team is composed of former municipal prosecutors who have over 100 years of combined experience prosecuting and defending drunk driving charges throughout New Jersey. Moreover, several of our attorneys are certified in Standardized Field Sobriety Testing (“SFST”), the tests police use to make an arrest. In fact, three (3) of our attorneys are certified instructors in Standard Field Sobriety Testing. Finally, our attorneys are also certified by Draeger Industries in the operation and maintenance of the Alcotest 7110, the breath test device used by police to measure blood alcohol content (“BAC”).

I have the credentials and experience to defend you against drunk driving (DWI) charges in New Jersey. Contact my office for immediate assistance at (973)971-0030. The initial consultation is always provided free of charge.