In New Jersey, law enforcement utilizes strict guidelines on DUI/DWI traffic stops. A police officer can conduct a traffic stop if they perceive that a driver is exhibiting impaired driving behavior. The New Jersey Division of Highway Traffic Safety imposes a Drive Sober or Get Pulled Over campaign to prevent impaired driving accidents. Strict adherence to the BAC limits when driving is required.
While New Jersey law is unique in that a DWI conviction would not go on your criminal record, it doesn’t mean that the consequences for being charged and convicted are any less severe. Individuals who are convicted of a DWI can face expensive fines, mandatory installation of an ignition interlock device, license suspension, and revocation, as well as extensive jail time.
If you have been charged with a DUI in New Jersey, it is crucial to seek the help of an experienced New Jersey DUI lawyer. At the Kugel Law Firm, we offer quality legal services to individuals who have been charged with impaired driving offenses in New Jersey. Our attorneys provide compassionate but aggressive legal representation. Call us today at (973) 854-0098 to learn more about how we can help.
Legal Alcohol Limits in New Jersey
In New Jersey, drivers are subject to different blood alcohol concentration (BAC) thresholds depending on the type of driver they are. While the legal limit for most drivers is .08%, some drivers can be charged with driving under the influence (DUI) even if their BAC is lower than .08%.
Implied Consent Laws
New Jersey law follows the rule of implied consent. This means that anyone who chooses to drive in the state is assumed to have given their consent to a breath or chemical test used to determine their BAC levels. If they are stopped or arrested due to suspicion of driving while impaired, drivers are assumed to have given their consent to BAC tests.
If a driver suspected of a DWI refuses a breath test they may be subject to harsher penalties than those who willingly subject themselves to the breath test. Additional penalties can include a longer license suspension period, longer interlock requirement, and fines. There are defenses to refusal to submit to a chemical test, an experienced DWI lawyer can review the facts of your case and determine if any defenses exist.
Drivers 21 Years Old and Above
For drivers who are 21 years old or older and legally allowed to drink alcohol, the BAC limit is .08%. If you are found with a BAC of .08% or higher, you may be charged with a DUI, and the charges and fines you face will increase proportionally to your BAC level upon arrest.
For a first-offense DUI in New Jersey, there are different penalty tiers based on your alleged BAC reading at the time of the traffic stop:
- Tier 1 applies to BAC readings from .08% to below .10%
- Tier 2 applies to BAC readings from .10% to below .15%
- Tier 3 applies to BAC readings of .15% and above.
The penalties for each tier may vary but typically include license suspension, installation and mandatory use of an Ignition Interlock Device depending on the tier of the offense, potential jail time, and mandatory participation in IDRC classes. For first offenses, the penalties for each tier are as follows.
Tier I
Drivers convicted of a Tier I offense can be subject to license suspension until an IID is installed. Defendants may also be required to use the IID for at least three months. In addition, they can spend up to 30 days in jail and be required to attend Intoxicated Driver Resource Center (IDRC) classes anywhere from 12 to 48 hours.
Defendants would also be required to pay fines as determined by the court. A defendant may be required to pay up to $400 aside from court fees. Additional fees can include a $230 IDRC fee, a payment to the Drunk Driving Enforcement Fund as well as the Alcohol Education and Rehabilitation Fund (AERF). Additional surcharges including $1000 annually must also be paid to the Motor Vehicle Commission along with a $75 fee to the Neighborhood Services Fund.
Tier II
Drivers convicted of a Tier I offense can be subject to license suspension until an IID is installed. Defendants may also be required to use the IID for at least seven months. In addition, they can spend up to 30 days in jail and be required to attend IDRC programs anywhere from 12 to 48 hours. As well as the imposition of monetary fines and surcharges as in Tier I.
Tier III
Tier III offenders may face a mandatory license suspension of up to 6 months and the use and mandatory installation of an IID during the suspension period and up to 15 months after their license has been reinstated. Like in a Tier II offense, defendants are also required to attend IDRC programs for up to 48 hours and may be subject to a 30-day jail sentence.
Defendants convicted of Tier II and Tier III DUI can also be required to pay a $300 – $500 fine along with a $125 DWI surcharge and court fees. Fees of $50 to the Victims of Crime Compensation (VCCO), $230 to the IDRC, and $100 each to the DDEF and the Alcohol Education and Rehabilitation Fund (AERF) can also be required. Additional surcharges including $1000 annually must also be paid to the Motor Vehicle Commission along with a $75 fee to the Neighborhood Services Fund.
Penalties for DUI convictions can increase with each subsequent offense and how often a person is convicted during a specific time period. Regardless of the tier or the number of previous convictions, you need to get the help of a skilled New Jersey DUI attorney who can advocate for your rights. Call The Kugel Law Firm today at (973) 854-0098 to speak with one of our qualified attorneys.
| Tier of DUI Offenses | License Suspension | Ignition Interlock Device (IID) | Jail Time | IDRC Classes | Fines and Fees |
|---|---|---|---|---|---|
| Tier I | Until IID is installed | At least three months | Up to 30 days | 12 to 48 hours | Up to $400 fine, $230 IDRC fee, surcharges, and additional fees |
| Tier II | Until IID is installed | At least seven months | Up to 30 days | 12 to 48 hours | $300 – $500 fine, $125 DWI surcharge, court fees, and additional fees |
| Tier III | Up to 6 months suspension | During suspension and up to 15 months after reinstatement | Up to 30 days | Up to 48 hours | $300 – $500 fine, $125 DWI surcharge, court fees, and additional fees |
Drivers Below 21 Years Old
Drivers who are under 21 years old and therefore not legally allowed to drink alcohol must adhere to a zero-tolerance policy. If an underage driver is caught driving with any BAC level, they may face charges for underage DWI. The charges and penalties will vary depending on the driver’s age and BAC level at the time of the arrest.
Underage drivers with a BAC level below 0.07% may be subject to a suspension of their driver’s license for up to 90 days, as well as 30 days of mandatory community service, attending an IDRC class, and completing a highway safety program.
If the underage driver is convicted while under the age of 17, the suspension will be applied once they reach the age of 17. If an underage driver has a BAC of .08% or higher, they will be prosecuted as an adult. Additionally, if an underage driver is found to be in possession of alcohol, they may face a suspension of their driver’s license if they are convicted.
Commercial Driver’s License Holders
Drivers who hold a Commercial Driver’s License (CDL) must adhere to a stricter BAC limit while operating a commercial vehicle. If a CDL holder is caught driving a commercial vehicle with a BAC level of .04% or higher, they may be charged with a DUI. However, if the CDL holder is driving a non-commercial vehicle, such as their personal vehicle, they will be subject to the regular BAC limit of .08%.
If a CDL holder is convicted of DUI, in addition to penalties imposed on their personal license they will also lose their CDL for a minimum of one year.
Other Aggravating Conditions
If you are charged with a DWI with a person under the age of 17 in the car, you may be subjected to an additional disorderly persons offense under N.J.S.A. 39:4-50.15 or DWI with a Minor. Penalties include up to six months in county jail, a $1,000 fine, license suspension of up to six months, and community service. Depending on the circumstances, you may also be charged with Endangering the Welfare of a Child (N.J.S.A. 2C:24-4).
How BAC Translates to Impairment
Alcohol affects each person’s body differently, but there is a correlation between a person’s blood alcohol concentration (BAC) and the symptoms of intoxication. As the BAC level increases, so do the impairments, leading to a progressively harmful effect on driving ability.
Understanding how different levels of alcohol in the blood can affect you is essential to recognize when your BAC might be too high:
- 0.01% – 0.03% BAC: At this mild level of intoxication, you may feel slightly warmer and more relaxed.
- 0.04% – 0.06% BAC: Your behavior becomes exaggerated, and you may lose control of your finer motor skills, potentially leading to blurry vision and impaired judgment.
- 0.07% – 0.09% BAC: Mild impairment of speech, vision, coordination, and reaction times make it dangerous to drive. In the United States, driving at or above 0.08% BAC is illegal, and you will be considered legally impaired if you’re 21 or older.
- 0.10% – 0.12% BAC: Physical impairment and loss of judgment become obvious, and speech may be slurred.
- 0.13% – 0.15% BAC: Blurred vision, loss of coordination, balance issues, and potential dysphoria (anxiety or restlessness) can occur.
- 0.16% – 0.19% BAC: This level is commonly referred to as “sloppy drunk,” with stronger dysphoria and possible nausea. Walking becomes difficult, and there’s an increased risk of falls and injuries.
- 0.20% – 0.29% BAC: Dazed, confused, and disoriented feelings arise, along with impaired muscle control. You might need assistance to walk and may not notice pain due to the numbing effects of alcohol. Nausea and vomiting are likely, and blackouts can occur.
- 0.30% – 0.39% BAC: This concentration is dangerously high, increasing the risk of death, irregular breathing, and unconsciousness. Loss of bladder control may also occur.
- 0.40% and above BAC: At this level, there is a high likelihood of the person’s heart or breathing stopping, leading to a coma or death due to respiratory failure.
It is crucial to be aware of these levels and their associated impairments to make responsible decisions about alcohol consumption especially when it comes to driving. At The Kugel Law Firm, our New Jersey DUI lawyers can provide guidance and legal representation for cases involving driving under the influence, ensuring that those facing charges understand the correlation between BAC and impairment. Contact us today for guidance on New Jersey’s DUI laws and for skilled legal representation.
Impaired Driving Offenses
Regardless of your BAC, you may still be charged with a DUI if the officer conducting your traffic stop determines that your driving behavior is a risk to yourself and to others. This determination is due to the fact that the effect of alcohol can be subjective depending on factors such as a person’s physiology and alcohol tolerance.
Even if a driver’s BAC falls below the limit for their driver category, they can still be charged with a DUI. You are likely to be pulled over under the Drive Sober or Get Pulled Over if you exhibit the following behavior while driving:
- Swerving
- Driving too slow or too fast
- Braking erratically
- Driving over the traffic line
- Committing traffic violations such as speeding, running a red light or taking too long to pass in a green light.
The arresting police officer can administer a field sobriety test to determine whether the person is indeed driving while impaired. It is important to remember that the impairment measured in this case is whether a person’s driving ability and judgment are the same as that of a sober person. While a field sobriety test is not enough to convict, prosecutors can use the results of the tests to support the argument that the person was driving while impaired.
Importance of Hiring a Skilled New Jersey DUI Lawyer
Facing DWI charges in New Jersey can be an uphill battle. Aside from the legal penalties mentioned, the repercussions of a DWI conviction can have a significant effect on a person’s professional and personal life. Even though a DWI conviction will not show up on criminal records, a license suspension or revocation can leave you unable to go to work. Some employers may outright deny you employment if you have been convicted of or are convicted of a DWI. For commercial drivers, a DWI conviction can make it more difficult to find job prospects. If you are in the midst of a custody dispute, a conviction on your record can affect being granted visitation and custody rights of your children.
For professional license holders, you may be subject to disciplinary action depending on the standards of your license board. Most license boards can have strict penalties for those who have exhibited negligence on the safety of others. You may be required to undergo counseling or rehabilitation programs and to prove that the DWI conviction is the result of an isolated incident. Professionals who can be subjected to these standards can include doctors, teachers, pharmacists, nurses, pilots, attorneys, and other professions which require looking after the welfare of others.
Hiring a lawyer who is not only well-versed in the relevant laws but who can also work with you in helping you understand the legal implications of your charges and your rights is important. There are no options to reduce or mitigate DWI charges in New Jersey. While that may be the case, your attorney can still take a careful look at the evidence surrounding your case and establish a tailored legal strategy that can secure the best possible outcome.
Working with Top-Rated New Jersey DUI Attorney Rachel Kugel
Being convicted of a DWI in New Jersey can have long-standing consequences. Understanding your rights and responsibilities under the law is important especially when it comes to the legal alcohol limit for your driver category. If you have been charged with DWI in New Jersey, seek the help of an experienced attorney as soon as you can.
The Kugel Law Firm is a highly-rated law firm in New Jersey composed of legal professionals who have dedicated their careers to defending the rights of persons charged with drunk driving offenses. Led by top-rated DWI attorney Rachel Kugel, the firm is committed to providing quality personalized legal defense strategies to achieve the best possible outcome for its clients. You don’t have to navigate your charges alone – the team at The Kugel Law Firm is here to help. Contact us today at (973) 854-0098 to speak with one of our skilled attorneys.
