New Jersey DWI Information

breath test device

The New Jersey DWI laws can raise many questions for people concerning the meaning of a DWI, traffic stops, arrests, penalties and rights of DWI defendants.  NJ DWI Law can sometimes be confusing without actual knowledge of the New Jersey DWI statutes. These are some questions that are commonly asked by people stopped under the suspicion of driving while intoxicated and charged with a DWI in New Jersey.

Frequently Asked Questions Regarding DWI in New Jersey


What is a DWI?

DWI means driving while intoxicated under the influence of alcohol with a blood alcohol level (BAC) of 0.08% or higher. People who are twenty years of age or younger can receive a DWI with a BAC level of 0.01% or higher in New Jersey. According to  NJ DWI law an individual may also be charged with DWI for driving while under the influence of drugs.

Can I be arrested if stopped under the suspicion of a DWI by a police officer?

Yes. Motorists can be arrested if stopped by an officer under the suspicion of impaired driving. Police may arrest a driver if they have probable cause to believe that you are driving while intoxicated. NJ DWI Law says this can be established by observations of motor vehicle violations and by the appearance and physical conduct of the driver.

What is the New Jersey DWI arrest process?

The New Jersey DWI arrest process starts with the traffic stop. When a driver is stopped, the officer will ask questions, instruct the motorist to step out of the vehicle and perform a standardized field sobriety test (sfst). If the police officer has probable cause that the motorist was driving while under the influence of alcohol or drugs, the officer will then lawfully arrest the driver.

Call out justice

If a DWI arrest occurs, when is the defendant released?

Drivers arrested for violating  NJ DWI law can be released twelve hours after the time of their arrest, unless another responsible driver is available to retrieve them after they have been processed .

Do I need a lawyer after being released?

Individuals arrested for violating  NJ DWI Law should seek legal representation. Without a DWI lawyer, a defendant can jeopardize receiving higher penalties than necessary.

Can DWI convictions be removed from an individual's record?

No. Unlike some disorderly persons and indictable offenses, DWI convictions cannot be removed from an individual's record because it is a traffic violation — not a criminal offense.

Is a DWI a criminal violation?

No. A DWI in New Jersey isn't considered a criminal violation. It is actually considered a “quasi-criminal” traffic offense that is governed by  NJ DWI Law.

What are the penalties for a DWI conviction?

NJ DWI Law states that DWI convictions can carry penalties including fines, jail time, auto insurances surcharges, Intoxicated Driver Resource Center (IDRC) classes, interlock device installation and community service. The fines imposed can range from $250 up to $2000 and jail time can be for as long as 180 days. The cost of IDRC programs and other fund fees will reach hundreds of dollars. The long term insurance surcharges range from $3,000 to $4,500 for three years. All penalties are imposed in accordance with factors such as prior convictions, BAC levels, age of the defendant and location of the arrest.


Contact the experienced DWI lawyers at Villani & DeLuca, P.C., located in Point Pleasant Beach, New Jersey, with any questions you do not see answered here. Our DWI legal team can help defendants in Ocean County and Monmouth County facing DWI and refusal charges. Call 732-965-3999 today for Answers to NJ DWI Law Questions and a FREE consultation!

Act Now Before It's Too Late!

Njdwilegal footer2

Mistakes happen all the time. If a mistake was made by the police or the New Jersey prosecution it should not hurt you and your family. Our experienced NJ DWI Defense Lawyers at Villani & DeLuca regularly protect the legal rights of people who have been charged with DWI / DUI or breath test refusal. This traffic offense carries the possible of jail time and costly fines in New Jersey. The stakes are too high and can last for years. A strong legal defense can often convince the courts to have your drunk driving charges dismissed or reduced. Don't risk your future by defending yourself against a DUI! Contact Villani & Deluca today for a FREE case evaluation on all your pending drunk driving charges.

This website is designed for information purposes only and should not be construed as formal legal advice nor the formation of an attorney/client relationship.

Menu