New Jersey Law

  • The charge of DUI in New Jersey is an offense under the Motor Vehicle code and not the Criminal Code; it carries a maximum jail sentence of no more than 6 months. New Jersey has a "per se" statute that makes .08% alcohol the maximum amount of alcohol in the blood at the time of testing. If a driver is asked to take a breath or blood test in New Jersey and refuses, he or she is charged with the offense of refusing to take a chemical test. This subjects them to the same penalties as a DUI.

  • There is a special section in the DUI law for those who are under 21, which makes them guilty of the offense at a .04% of alcohol. The penalties for a conviction of this section are less than those for an adult DUI.

  • It is possible to be convicted of DUI in New Jersey even without a blood alcohol reading, if, in the opinion of the police officer, the operator was under the influence of intoxicating liquor, drugs, or a combination thereof.

  • A person can be convicted of a DUI in New Jersey while riding a bicycle!

  • A person can be convicted of a DUI in New Jersey if they permit another person to operate a motor vehicle owned by them or in their custody and control, while that other person is under the influence of alcohol or drugs.

  • Sentences for DUI convictions in New Jersey increase as the number of offenses increases, as follows:
    • 1st Offense:
      fine between $250 & $400, IDRC for between 12 and 48 hours, up to 30 days imprisonment, and 6 month to 1 year license suspension
    • 2nd Offense:
      fine between $500 & $1,000, community service for 30 days, imprisonment between 48 hours and 90 days, and 2 year revocation of driver's license
    • 3rd Offense:
      fine of $1,000, jail not less than 180 days, revocation of license for 10 years

  • The Implied Consent Law in New Jersey requires the driver to submit to a breath test; it does not require submission to a blood or urine test. Conviction of a DUI in New Jersey may result in a 1 year suspension of a Pennsylvania resident's driver's license under the "Driver License Compact." Never assume that you are guilty of a DUI just because you have been charged. Click here to contact Nistico Roberts, PC, before you do anything else!