DUI Law in New Jersey

What is ‘legally drunk’ in New Jersey

In New Jersey, drivers less than 21 years are considered to be legally drunk if their blood alcohol level is more than .02, for non-commercial drivers above 21 years, they are legally drunk when their blood alcohol level is more than .08. On the other hand, commercial vehicle drivers are considering being legally drunk when their blood alcohol level is more than .04.

New Jersey Drunk Driving Penalties

For first time offenders, different penalties apply if your BAC level is between .08 to .10 and more than .10. For first time offenders with a BAC of .08 to .10, they face the following penalties:

• A prison sentence not exceeding 1 month
• A fine ranging from $250 to $400
• The offender’s driver’s license suspension period is 3 months
• The offender will be required to enroll in an intoxicated driver program.

 
However, if the offender BAC level is more than .10, he/she faces

• A prison sentence not exceeding 1 month
• A fine ranging from $300 to $500
• The offender’s driver’s license suspension period is 3 months to one year
• The offender will be required to enroll in an intoxicated driver program.

 
For second time offenders within 10 years of the previous offence, they face:

• A prison sentence of up to 3 months
• A fine ranging from $500 to $1,000
• The offender’s driver’s license suspension period is 2 years

 
For third or subsequent offenders within 10 years of the first offence, they face:

• A prison sentence of at least 6 months in a county jail or a workhouse
• The offender will be subjected to pay a fine of $1,000
• The offender’s driver’s license suspension period is 10 years

 
Commercial drivers convicted of a DUI offense will face disqualification from operating a commercial vehicle for a period of one year. However, if at the time of the offence the driver was transporting hazardous material, the disqualification period is three years. A commercial driver risks disqualification from driving a commercial vehicle for life if he/she is convicted of a DUI offense twice.

The Point System in New Jersey

The New Jersey Motor Vehicle Commission (MVC) is responsible for issuing of points. You get points anytime you are involved in a traffic violation, for a DUI conviction you get 6 points.