Driving Under the Influence FAQs

In New Jersey, a DUI (Driving Under the Influence) refers to the offense of operating a motor vehicle while impaired by alcohol or drugs. New Jersey law uses the term DWI (Driving While Intoxicated) more commonly, but both terms refer to the same offense. Under New Jersey Statutes Annotated (N.J.S.A.) 39:4-50, it is illegal to operate a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher if you are 21 years old or older, having a BAC of 0.01% or higher if you are under 21 years old, and while under the influence of a narcotic, hallucinogenic, or habit-producing drug.

In some jurisdictions, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are used interchangeably to describe the offense of operating a motor vehicle while impaired by alcohol or drugs. However, in New Jersey, there is no legal distinction between a DUI and a DWI. Both terms refer to the same offense and carry the same penalties under the state’s drunk driving laws.

New Jersey’s DUI/DWI statute (N.J.S.A. 39:4-50) prohibits driving a motor vehicle while under the influence of intoxicating liquor, narcotics, hallucinogens, or other habit-forming drugs. It also sets a blood alcohol concentration (BAC) limit of 0.08% or higher for drivers aged 21 and older, and 0.01% or higher for drivers under 21.

In summary, although the terms DUI and DWI may be used interchangeably in other states, in New Jersey, they both refer to the same offense and carry the same penalties under the law.

Reasonable suspicion is a legal standard used in New Jersey, as well as across the United States, to justify an investigatory stop by law enforcement officers. Reasonable suspicion means that an officer has specific, articulable facts, along with rational inferences from those facts, that lead them to believe that criminal activity may be afoot.

In the context of a DUI/DWI stop, reasonable suspicion can be based on various factors, including, but not limited to erratic or unsafe driving behavior, such as weaving, swerving, or sudden braking, traffic violations, such as speeding, running a stop sign, or failing to maintain a lane. The odor of alcohol or drugs emanating from the vehicle. The driver’s physical appearance or behavior, such as bloodshot eyes, slurred speech, or unsteady movements. An admission by the driver that they consumed alcohol or drugs and observations from sobriety checkpoints, which are legal in New Jersey if properly conducted.

A field sobriety test (FST) is a series of physical and cognitive exercises administered by law enforcement officers during a traffic stop to determine if a driver is under the influence of alcohol or drugs. In New Jersey, as in other states, FSTs are commonly used to establish probable cause for a DUI/DWI arrest.

The National Highway Traffic Safety Administration (NHTSA) has standardized three field sobriety tests, which are widely used in New Jersey:

Horizontal Gaze Nystagmus (HGN) Test: The officer will observe the driver’s eyes as they follow a slowly moving object, such as a pen or flashlight. Involuntary jerking of the eyes (nystagmus) at certain angles can be an indicator of impairment.

Walk-and-Turn Test: The driver is instructed to walk heel-to-toe along a straight line, turn around, and walk back in the same manner. The officer will look for signs of impairment, such as difficulty maintaining balance, stepping off the line, or failing to follow instructions.

One-Leg Stand Test: The driver is asked to stand on one leg while counting aloud. The officer will observe the driver for signs of impairment, such as swaying, hopping, or putting the raised foot down.

A preliminary breath test (PBT) is a portable device used by law enforcement officers during a traffic stop to conduct an initial assessment of a driver’s blood alcohol concentration (BAC). In New Jersey, officers may use a PBT to help establish probable cause for a DUI/DWI arrest.

The PBT is typically administered after a driver has exhibited signs of impairment, such as failing field sobriety tests or demonstrating erratic driving behavior. The officer will ask the driver to provide a breath sample into the device, which then gives an approximate reading of the driver’s BAC. It is important to note that PBT results are not considered as accurate or reliable as the results from an evidential breath test (such as the Alcotest 7110) conducted at the police station.

In New Jersey, refusal to submit to a PBT is not a separate offense, unlike refusal to submit to an evidential breath test, which carries significant penalties under the state’s implied consent law. However, refusal to take a PBT may contribute to the officer’s determination of probable cause, leading to an arrest and further testing.

If you are arrested for a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) in New Jersey, you will likely face a series of legal and administrative consequences. Here is a general outline of the process and potential outcomes: Arrest and Booking, Evidential Breath Test or Chemical Test, Release and Court Summons, Arraignment, Pretrial Proceedings, Trial, Sentencing, and Appeal if you are found guilty.

The total cost of a DUI or DWI in New Jersey can vary significantly depending on the circumstances of the case, the severity of the offense, and whether it is a first-time or repeat offense potential fine costs could range anywhere from $250 to $1,000. New Jersey also imposes an annual surcharge $1,000 for three years for a first or second offense, and $1,500 for three years for a third or subsequent offense.

In addition to these charges, there are also court costs that can range from a few hundred to over a thousand dollars, a few of $100-$400 (depending on offense) charged by the Intoxicated Driver Resource Center, alcohol education and treatment programs which costs anywhere from a few hundred to several thousand dollars, a license restoration fee of a $100, an ignition interlock device (install and monthly maintenance) of $70-$150 per month, increased insurance premiums, legal fees ranging from a few thousand to tens of thousands of dollars, and lost wages and employment opportunities.

Chemical testing in the context of DUI/DWI cases in New Jersey refers to the process of analyzing a person’s breath, blood, or urine sample to determine the concentration of alcohol or presence of drugs in their system. These tests are used as evidence to support charges of driving under the influence of alcohol or drugs.

In New Jersey, the most common form of chemical testing for DUI/DWI cases is the breath test, using an evidential breath testing device such as the Alcotest 7110. This device measures a person’s blood alcohol concentration (BAC) based on the alcohol content in their breath. A BAC of 0.08% or higher for drivers aged 21 and older, or 0.01% or higher for drivers under 21, is considered a violation of the state’s DUI/DWI laws.

In cases where a breath test is not feasible or when drug impairment is suspected, a blood or urine test may be administered to detect the presence of alcohol or drugs. These tests typically require laboratory analysis and may provide more accurate results than a breath test.

Implied consent in New Jersey refers to a legal concept in which drivers are considered to have automatically given their consent to submit to a chemical test (such as a breath, blood, or urine test) to determine their blood alcohol concentration (BAC) or the presence of drugs in their system if they are lawfully arrested on suspicion of DUI/DWI. The implied consent law is based on the principle that driving is a privilege, not a right, and by obtaining a driver’s license and operating a vehicle in the state, a person agrees to comply with this requirement.

Under New Jersey’s implied consent law (N.J.S.A. 39:4-50.2), if an officer has probable cause to believe a driver is under the influence of alcohol or drugs, the driver must submit to a chemical test. Refusal to do so can result in penalties separate from the DUI/DWI charge itself, including:

License suspension: For a first-time refusal, the driver’s license will be suspended for 7 months to 1 year. For a second refusal, the suspension period is 2 years, and for a third or subsequent refusal, the suspension period is 10 years.

Fines: A fine ranging from $300 to $500 for a first-time refusal, $500 to $1,000 for a second refusal, and $1,000 for a third or subsequent refusal.

Ignition interlock device: Installation of an ignition interlock device for a period of 9 to 15 months for first-time refusal, 2 to 4 years for a second refusal, and 10 to 20 years for a third or subsequent refusal.

Intoxicated Driver Resource Center (IDRC): Mandatory attendance at an alcohol education program at the IDRC for a period determined by the program.

The purpose of a Standard Refusal Statement for Operators of a Motor Vehicle is to formally inform drivers of the consequences of refusing to submit to a chemical test, such as a breath, blood, or urine test, after being lawfully arrested on suspicion of driving under the influence (DUI) or driving while intoxicated (DWI).

If you are charged with a DUI or DWI in New Jersey, it is essential to take the situation seriously and act promptly to protect your rights and interests. By acting promptly and seeking experienced legal representation, you can improve your chances of achieving the best possible outcome in your DUI/DWI case in New Jersey. Here are some steps to take after being charged with a DUI/DWI: Remain calm and cooperative, exercise your right to remain silent, document the incident, hire an experienced DUI/DWI attorney, attend all court appearances, follow your attorney’s advice, comply with court orders and conditions, and prepare for the consequences.