New Jersey has strict laws and penalties for driving under the influence of drugs or alcohol. New Jersey’s DWI or “Driving While Intoxicated” charges are very serious and can carry heavy penalties. There are two ways you can have DWI charges brought against you:
- Exceeding the blood alcohol content legal limit
- It can be shown that your consumption of alcohol negatively impacted your ability to safely operate the vehicle. Your blood alcohol content does not need to be above the legal limit for this type of charge.
Typically, these charges are brought after you are pulled over while driving. An officer may suspect that you are under the influence and ask you to go through a field sobriety test. If you do not perform well on the test, you may then be placed under arrest and taken to the police station.
You may be asked to take a breath test and, in New Jersey, you cannot refuse to take this test without legal consequences. Refusal is a separate offense and has separate penalties including losing your license for 7 – 12 months and payment of a fine. If there is enough evidence, the state will likely bring charges of driving under the influence against you. If you have been pulled over, given a field sobriety test and/or given a breath test, call a New Jersey DWI attorney immediately.
Legal Limits in NJ
If you are operating a vehicle, there is a legal limit to the amount of alcohol you are allowed to have in your system. This level is measured by your blood alcohol content (BAC). The current limits are:
- Drivers 21 or Older: .08%
- Drivers Under 21: .00%
- Commercial Vehicle Drivers: .04%
Penalties for DWI in NJ
If you are convicted of a DWI in New Jersey, there is a mandatory license suspension and the driver must participate in the Intoxicated Driver Resource Center (IDRC) program. The IDRC program will advise the driver if they will have any further requirements after they are enrolled.
The penalties for a DWI conviction can vary based on a variety of factors, the most significant of which is the number of DWI convictions you have on your record. Penalties can include a fine, jail time, community service and installation of an ignition interlock device, in addition to the suspension of your license. A full outline of the possible penalties can be found on the DMV’s website.
Call a New Jersey DWI Attorney for a Free Consultation
If you have been charged with driving under the influence, contact a New Jersey DWI attorney immediately. A skilled New Jersey DWI attorney can dispute the field sobriety test and breath test results and attempt to beat the charges brought against you. If you are facing a DWI charge, call David C. Barry, Attorney at Law at 732-238-8686 today for a free consultation.