DRIVING WHILE INTOXICATED (DWI)
A violation of N.J.S.A. 39:4-50 (driving while intoxicated) can be established two ways. First, a blood alcohol content (“BAC”) of 0.08% or higher taken within a “reasonable time” after you operated a motor vehicle.  State v. Tischio, 107 N.J. 604, 605 (1987).  A BAC level above the legal limit is a per se violation of the statute.  The second way is through testimony by a police officer or other qualified individual that establishes beyond a reasonable doubt, based on observed conduct or your admissions, that you were operating a motor vehicle while intoxicated.  Testimony to prove intoxication can take many forms, including physical observations (inability to walk, stand, speak, etc.) and roadside tests (failure to obey instructions, inability to perform one leg stand test, inability to count or recite the alphabet, walk and turn test, horizontal gaze nystagmus test, etc.).

It is far more common for the State to rely on BAC to obtain a conviction for driving while intoxicated.  A common machine for testing BAC is the Alcotest 7110 MKIII-C, which has essentially replaced the traditional breathalyzer.  The Alcotest provides infrared absorption (IR) readings and electrochemical cell (EC) readings.  

In January 2004, New Jersey amended its driving while intoxicated laws.  Previously, 0.10% was considered driving while intoxicated.  Now, 0.08% is the threshold regardless of whether you felt impaired.  For those whose BAC is between 0.08% and 0.10%, the penalties for first time offenders are generally as follows:

• Loss of license for 3 months; and
• $1,000.00 insurance surcharge issued per year for 3 years, N.J.S.A. 17:29A-35B; and
• $250.00 to $400.00 fine; and
• $100.00 penalty provided to the State Drunk Driving Enforcement Fund (SDDEF); and
• $100.00 penalty provided to the Alcohol Education and Rehabilitation Fund (AERF); and
• (it is not uncommon for the court to combine the SDDEF and AERF so that there is one $200.00 “surcharge”); and
• $75.00 fee per day to attend the Intoxicated Driver Resource Center (IDRC), although this may be as high as a $100.00 attendance fee plus $150.00 first offender fee plus a $100.00 license restoration fee; and
• $75.00 penalty provided to the Safe Neighborhood Services Fund (SNSF); and
• $50.00 penalty provided to the Victims Crime Compensation Board (VCCB) fund; and
• Discretionary imprisonment not to exceed 30 days; and
• Attendance at the IDRC for 12 to 48 hours; and
• Discretionary installation of an interlock device on your motor vehicle for between 6 months and 1 year after your period of suspension.

Once a driver exceeds 0.10%, the penalties increase:

• Loss of license for between 7 months and 1 year; and;
• $1,000.00 insurance surcharge issued per year for 3 years, N.J.S.A. 17:29A-35B; and
• $300.00 to $500.00 fine; and
• $100.00 penalty provided to the SDDEF; and
• $100.00 penalty provided to the AERF; and
• $75.00 fee per day to attend the IDRC, although this may be as high as a $100.00 attendance fee plus $150.00 first offender fee plus a $100.00 license restoration fee; and
• $75.00 penalty provided to the SNSF; and
• $50.00 penalty provided to the VCCB fund; and
• Discretionary imprisonment not to exceed 30 days; and
• Attendance at the IDRC for 12 to 48 hours; and
• Discretionary installation of an interlock device on your motor vehicle for between 6 months and 1 year after your period of suspension.

In New Jersey, by operating a motor vehicle, you consent to taking a BAC test.  If you refuse, you will be charged with refusal, and will likely face the same penalties.  As with any area of the law, however, each case is unique and legal advice is recommended from counsel of your choosing.  This web page is for informational purposes only and provides only a rudimentary and general guide to an evolving area of the law.

MOTOR VEHICLE VIOLATIONS (SPEEDING, CARELESS DRIVING, ETC.)
coming soon

NEW JERSEY LAW AGAINST DISCRIMINATION
coming soon