Frequently Asked Questions

In New Jersey, there is no legal difference. DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) refer to the same offense under N.J.S.A. 39:4-50. Both terms are used interchangeably by police, courts, and attorneys. The charge covers operating a vehicle while under the influence of alcohol, drugs (including prescription medication), or with a blood alcohol concentration (BAC) of 0.08% or higher.

For drivers 21 and older, the legal limit is 0.08%.

For drivers under 21, New Jersey has a zero-tolerance policy — a BAC of 0.01% or higher can result in charges.

Commercial drivers (CDL) face a lower limit of 0.04%.

Yes. Prosecutors can charge you based on evidence that you were “under the influence” of alcohol or drugs, even without a BAC reading of 0.08% or higher. This can include officer observations, field sobriety test results, or other signs of impairment.

Penalties depend on your BAC level:

• BAC 0.08% – 0.099%: Fine of $250–$400, up to 30 days in jail, 12–48 hours at the Intoxicated Driver Resource Center (IDRC), and mandatory ignition interlock device (IID) for 3 months. License is forfeited only until the IID is installed.
• BAC 0.10% – 0.149%: Fine of $300–$500, up to 30 days in jail, IDRC, and IID for 7–12 months.
• BAC 0.15% or higher: Same fines and jail exposure, plus a 4–6 month license suspension and IID for 9–15 months after the suspension ends.

You will also face insurance surcharges of $1,000 per year for three years, plus various court and administrative fees.

New Jersey has an implied consent law. Refusing the official breath test at the police station is a separate offense with its own penalties:

• First refusal: $300–$500 fine, license forfeited until an IID is installed, and IID required for 9–15 months.
• Penalties increase significantly for second and subsequent refusals.

You can still be prosecuted for the underlying DWI charge even if you refuse the test.

No. The roadside portable breath test (PBT) is voluntary and generally cannot be used as evidence of BAC in court. However, refusing it may give the officer additional reason to arrest you. The official Alcotest (at the station) is the test covered by implied consent.

No. In New Jersey, DWI is a motor vehicle (traffic) offense under Title 39, not a criminal offense under Title 2C. This means it does not create a criminal record. However, the penalties are still serious, and a conviction stays on your driving record permanently.