New Jersey law provides that anyone driving with a blood alcohol content of .08 percent or greater can be convicted of driving while intoxicated. Even when people have a BAC of less than .08 percent, however, they can still be convicted of DWI if their driving was impaired as a result of their consumption of alcohol. Similarly, people who have consumed drugs or medication that impairs their ability to drive can also be convicted under the state's DWI laws.
Penalties for DWI offenses in the state vary based on the number of offense and the BAC of the convicted person. First time offenders with BACs between .08 and .10 can face up to 30 days of incarceration, a fine between $250 and $400, six hours for two days of alcohol education classes, a 3-month license suspension and a $1,000 insurance surcharge for three years. First time offenders whose BAC is above .10 or who operated while under the influence of drugs face an increased fine between $300 to $500 and license suspension between seven months and one year.
Second offenses can garner a fine between $500 and $1,000, imprisonment of at least 48 hours and up to 90 days, 2 years of license suspension, confinement for up to 48 hours in an Intoxicated Driver Resource Center an ignition interlock device installation for 1 to 3 years. Third offenses bring a hefty $1,000 fine, 180 days incarceration, inpatient alcohol treatment and a fee to be paid depending on the court's sentence.
New Jersey treats DWI offenses very seriously. When people have been charged with a DWI, they may wish to speak with a criminal defense attorney concerning possible defenses and what their options are given the facts of their case.
Source: NJ Office of the Attorney General , "Driving While Intoxicated", October 29, 2014