What Is The Legal Limit In New Jersey?
New Jersey imposes stringent drunk driving laws, but the rules about blood alcohol limitations vary in certain circumstances. Similarly, the penalties aren't the same in every situation, so it's important to consult with an experienced DWI lawyer if you are facing a DWI charge in New Jersey to determine which rules apply to your case. The New Jersey DWI defense attorneys of Villani & DeLuca, P.C. will explain the law and your charges in detail. To understand what is considered driving under the influence in New Jersey we must first learn about Blood Alcohol Concentration.
Blood Alcohol Concentration (BAC) Limits In New Jersey
What is the legal limit for alcohol in New Jersey? If you are suspected of driving under the influence of alcohol or drugs in New Jersey, you will be stopped on the road and arrested. In most cases, the arresting officer will first take you through a series of field sobriety tests during your traffic stop before taking you to the police station for a breath test. Those accused of drunk driving will be required to provide a breath test by blowing into a Dräger Alcotest® 7110 which is used to measure blood alcohol concentration BAC. More recently New Jersey has introduced another device the Drager Alcotest 9510. However, there may be exceptions, for example, if you were suspected of DWI during an accident in which medical care is necessary your blood alcohol concentration (BAC) will likely be determined through the administration of a blood test while at the hospital. While it is still possible to receive a DWI charge with minimal amounts of alcohol in your system, that may not result in a conviction. It is important to be aware of the BAC limits under New Jersey law to understand the potential mandatory consequences should you be convicted of a first offense of DWI.
DUI For Drivers 21 and Older
The current blood alcohol concentration limit for driving while intoxicated in New Jersey is 0.08% BAC. This translates to 0.08 grams of ethanol alcohol per 100 milliliters of blood in your system. If you are caught driving with a blood alcohol content of 0.08% or higher in New Jersey, you can be convicted of drunk driving. This standard applies to all drivers not just those who are legally allowed to drink alcohol; currently age 21 and older. The Blood alcohol concentration BAC is necessary in a per se case meaning if this BAC is proven there shall be a finding of guilt to DWI regardless of whether the driver believes they were intoxicated. example an alcoholic may not act drunk or feel drunk but will be legally drunk under New Jersey law if their BAC is .08 or greater.
DWI For Drivers Under the Age of 21
While the 0.08% BAC limit applies to drivers over the legal drinking age, underage motorists are held to a zero-tolerance BAC standard. If you are under 21 years old and you are arrested for DWI in New Jersey, a BAC result showing any trace of alcohol consumption in your system will subject you to a charge of underage DWI. The penalties differ for underage drinkers charged with DWI depending on the BAC level detected.
Drivers under the age of 21 caught driving with a BAC of 0.01%-0.07%, will face penalties of 30-90 days of license suspension and 15-30 days of mandatory community service, participation in an IDRC class and highway safety program. If the person is under 17 at the time of sentencing, will have their license suspension imposed after their 17th birthday. Those under the age of 21 who have a blood alcohol content of 0.08% or more will be subject to the standard DWI penalties for adult drivers as outlined above. In New Jersey, those under the age of 21 who possess alcohol will face the loss of driving privileges for six months upon a conviction or plea of guilty.
The BAC Level Results in More Severe Mandatory Penalties for a First Offender as The BAC Increases
Drunk driving charges become more serious, and the penalties are increased for a first offender as the BAC increases. While a first-tier DWI (BAC of 0.08%<.10%) carries first-time penalties which could include up to 30 days in jail, fines of $250-$400, and a license suspension until an interlock is installed and the ignition interlock device must be installed for 3 months, the fines increase to $300-$500 for a DWI with a BAC of 0.10% but less than .15% and also carries a license suspension until an interlock is installed and an ignition interlock device for a period of seven (7) to twelve (12) months; and finally if the BAC is over .15% a license suspension is required for three (3) months and an ignition interlock device both during the period of license suspension plus a minimum period of nine (9) and a maximum period of fifteen (15) months after the license is reinstated.
All DWI Convictions Include a Sentence to IDRC
All first-offense convictions require compliance with the intoxicated driver resource center IDRC run by the county health department for a minimum period of 12 hours. The intoxicated driver resource center will perform a substance abuse evaluation and could impose additional requirements to satisfy the IDRC. It is not uncommon for the IDRC to require up to a 16-week IOP intensive outpatient program if the substance abuse evaluation leads them to that conclusion or there are other factors considered such as family history of alcoholism, high reading, refusal to provide a breath sample or young age of the defendant.
DWI For Drivers Under the Age of 21
While the 0.08% BAC limit applies to all drivers, underage motorists are held to a zero-tolerance BAC standard. A driver under 21 years old who is arrested for DWI in New Jersey and registers a BAC result showing any trace amount of alcohol in their system will be subject to a charge of underage DWI. The penalties differ for underage drinkers charged with DWI depending on the BAC level detected.
Operation by Underage Drinkers in violation of N.J.S. 39:4-50.14
Drivers under the age of 21 caught driving with a BAC of 0.01%-0.07%, will face penalties of 30-90 days of license suspension and 15-30 days of mandatory community service, participation in an intoxicated driver resource center IDRC class, and highway safety program. This is not considered a drunk driving conviction. As it is not a DWI conviction the operation by an underage drinker is not subject to penalties as a subsequent offender for DWI sentencing purposes if there is a DWI conviction later in life. Those under the age of 21 who have a blood alcohol content of 0.08% or more or are determined to be under the influence with no BAC reading will be subject to the standard DWI penalties for adult drivers as outlined above. In New Jersey, those under the age of 21 who possess alcohol will face the loss of driving privileges for six months upon a conviction or plea of guilty.
Commercial (CDL) Licensed Drivers And Drunk Driving
Commercial driver's license (CDL) holders are also subject to a different BAC limit in some circumstances. CDL drivers who have a 0.04% BAC or higher and are driving a commercial vehicle at the time of their stop will be charged with a drinking and driving violation. If a CDL licensed driver is operating a passenger vehicle at the time of the stop they will be subject to the ordinary limits of a BAC of 0.08%. A DWI conviction will result in a suspension of their CDL license in addition to their basic New Jersey driver's license.
BAC Under The Limit Can Still Result In DWI In New Jersey
It is important to address a common misconception. A BAC of less than 0.08% does not mean you will always avoid a DWI charge. Police can decide you are intoxicated based on the totality of the circumstances, including your performance in the field sobriety tests, your speech, other behavior and your driving conduct. If you have any amount of alcohol in your system and it can be shown that the alcohol influenced your driving abilities, you can still be charged with a DWI.
Resources Blood Alcohol Concentration (BAC)
Questioning Your DWI Breath Test in New Jersey
Dräger Alcotest® Trained Former Municipal Prosecutor
DWI Breath Testing In New Jersey
