Driving Under the Influence (DUI) Laws in New Jersey

1. What are the minimum and maximum penalties for a first time DUI offense in New Jersey?


The minimum penalty for a first time DUI offense in New Jersey is the loss of your driver’s license for a period of 3 months, a $250 to $400 fine, and 12-48 hours at an Intoxicated Driver Resource Center. The maximum penalty for a first time DUI offense in New Jersey is up to 30 days in jail, fines of up to $500, and the loss of your driver’s license for a period of up to one year.

2. What is the legal Blood Alcohol Content (BAC) limit in New Jersey?


The legal Blood Alcohol Content (BAC) limit in New Jersey is 0.08%.

3. Is it a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in New Jersey?


Yes, it is a criminal offense to refuse a chemical test in New Jersey after being pulled over for suspicion of DUI. Refusal of a chemical test is a violation of New Jersey’s Implied Consent Law and can result in a number of penalties, including driver’s license suspension or revocation, jail time, fines, and an automatic conviction for DUI.

4. How long does a DUI conviction stay on an individual’s record in New Jersey?


In New Jersey, a DUI conviction stays on an individual’s record permanently.

5. Are there any exceptions to the zero tolerance policy on underage drinking and driving in New Jersey?


No, there are no exceptions to New Jersey’s zero tolerance policy on underage drinking and driving. This policy states that anyone under the age of 21 who drives with a blood alcohol content (BAC) of 0.01 or higher will be charged with driving under the influence (DUI) and will face criminal penalties.

6. Are there any restrictions on the sale or possession of alcohol for drivers under 21 years of age in New Jersey?


Yes. Under New Jersey law, it is illegal for anyone under the age of 21 to purchase, possess, or consume alcohol. Additionally, anyone who provides alcohol to anyone under the age of 21 can be charged with a criminal offense.

7. Are there any ignition interlock laws in New Jersey?


Yes. In the state of New Jersey, ignition interlock devices (IID) are required for anyone convicted of driving under the influence of alcohol or drugs, refusing to submit to a chemical test, or engaging in reckless driving. The New Jersey MVC has established strict regulations regarding the installation and use of IIDs, and violators are subject to harsh penalties.

8. What type of license suspension is issued for a DUI conviction in New Jersey?


In New Jersey, a DUI conviction can result in a license suspension ranging from three months to ten years. The specific suspension period will depend on the number of prior DUI convictions and other aggravating factors.

9. Is an individual required to attend drug and alcohol classes or treatment programs after being charged with a DUI in New Jersey?


Yes, an individual may be required to attend drug and alcohol classes or treatment programs after being charged with a DUI in New Jersey. Depending on the severity of the DUI offense, the court may order an individual to attend an alcohol education program, participate in an alcohol/drug treatment program, or attend a driver’s education safety course.

10. Does New Jersey have an implied consent law for chemical testing after a DUI arrest?


Yes, New Jersey has an implied consent law that requires drivers to submit to a chemical test if arrested for driving under the influence (DUI). Refusal to take the test may result in the suspension of driving privileges.

11. Are there any laws requiring sobriety checkpoints or roadblocks in New Jersey?


Yes, New Jersey has laws requiring sobriety checkpoints and roadblocks. Specifically, the law requires police officers to stop a motor vehicle at random, and administer a standard field sobriety test or breathalyzer test to determine if the driver is under the influence of alcohol or drugs. The law also requires officers to set up checkpoints at designated areas at least once per month in order to enforce these laws.

12. Are there any restrictions on the types of vehicles an individual may operate following a DUI conviction in New Jersey?


Yes, there are restrictions on the types of vehicles an individual may operate following a DUI conviction in New Jersey. Following a DUI conviction, individuals are required to install an Ignition Interlock Device (IID) in any vehicle they own or operate. An IID is a breathalyzer-type device that requires a driver to blow into the device before starting the vehicle. If the driver’s blood alcohol content (BAC) is above the legal limit, the vehicle will not start. Additionally, drivers with a DUI conviction may be subject to additional restrictions, such as being prohibited from operating commercial vehicles or vehicles with special license plates.

13. Is it possible to have a DUI charge reduced to a lesser offense in New Jersey?


Yes, it is possible to have a DUI charge reduced to a lesser offense in New Jersey. Depending on the specific circumstances of the case, the prosecutor may be willing to reduce the charge to a lesser offense, such as Reckless Driving.

14. What is the legal limit for open containers of alcoholic beverages while driving in New Jersey?


It is illegal to have an open container of an alcoholic beverage while driving in New Jersey. This includes any open bottle, can, or other receptacle containing any amount of alcoholic beverage that is immediately capable of being consumed, whether or not the seal has been broken.

15. Does insurance coverage change after a DUI conviction in New Jersey?


Yes, insurance coverage does change after a DUI conviction in New Jersey. Drivers convicted of DUI in New Jersey can expect their insurance premiums to increase significantly after a conviction. They may also be required to get an SR-22, which verifies that they have the minimum amount of auto insurance coverage. Additionally, their insurance company may drop their policy or choose not to renew it, forcing them to find another insurer.

16. Are there any circumstances where an individual may drive with revoked license resulting from a DUI conviction in New Jersey?


No, once your license is revoked due to a DUI conviction in New Jersey, it is illegal to drive until your license is reinstated.

17. Are there any laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in New Jersey?


Yes. In New Jersey, it is illegal to operate a motor vehicle without insurance after being convicted of a DUI. The penalty for driving without insurance after a DUI conviction in the state is a fine of up to $5,000 and/or up to 6 months in jail.

18. Is plea bargaining allowed for DUI cases in New Jersey?


Yes. Plea bargaining is allowed for DUI cases in New Jersey.

19. How long does an individual have to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in New Jersey?


Within seven days of receiving the notice of license suspension.

20. Does New Jersey offer any programs that allow individuals to get their driver’s license reinstated following a DUI conviction?


Yes. New Jersey offers the Intoxicated Driver Resource Center (IDRC) Program for individuals who have had their driver’s license suspended due to a DUI conviction. The program consists of an educational component and/or psychological evaluation. Individuals must complete the program in order to have their license reinstated.