Driving While Intoxicated Information Guide
Breathalyzer Test
In New Jersey if you get arrested for a DUI, you must take a Breathalyzer test. When you get your license in New Jersey, you give consent for this test, known as "implied consent." If you refuse to take a Breathalyzer test, you will be detained and brought to a hospital where hospital staff may draw blood.
If you refuse a Breathalyzer test, you will face the same loss of driving privileges as a
DUI offense.
Mandatory fines and penalties
DWI Penalties in New Jersey
The only scientific way to determine whether a driver is under the influence is through blood alcohol concentration (BAC). Your BAC can be tested with a simple Breathalyzer test.
In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI).
Being convicted of a DUI is a serious offense, carrying heavy penalties including:
- Fines, fees and surcharges
- License suspension
- Ignition interlock device
- Jail time
- Community service
Mandatory fines and penalties
Underage DWI
If you are under 21 years old and are convicted for driving or boating with a BAC of .01% or higher, the following penalties apply:
- 30–90 day license suspension
- Possible combination of the minimum sentences above and select DUI Mandatory Fines and Penalties, depending on the situation
- 15–30 days mandatory community service
- Participation in alcohol education and highway safety programs at an Intoxicated Driver Resource Center
- If you are unlicensed and under 17 years of age at the time of the incident, you are subject to a 30–90 day delay in processing your driver license
Underage DWI
- First DUI offense: Installation of interlock device for six months to one year upon restoration (judge's discretion); BAC 0.15% or greater requires mandatory installation of ignition interlock device during license suspension and for 6 months to 1 year following restoration
- Second DUI offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration
- Third DUI offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration If the court sentences you to get an interlock device, you will receive a notice of suspension from MVC with instructions on how to obtain the device. IMPORTANT NOTE: Failure to have an ignition interlock installed when ordered by a judge could result in an additional one year driving privilege suspension.
