What happens if I get a DWI in New Jersey?

New Jersey is unique: DWI is a traffic offense (not a crime), heard in municipal court with no jury trial right, but penalties are still severe. A major 2019 reform replaced license suspension with ignition interlock for most first offenders.

1. Per Se BAC Standard

N.J.S.A. § 39:4-50 sets adult per se at 0.08% BAC; § 39:3-10.13 sets commercial at 0.04%; § 39:4-50.14 sets under-21 zero tolerance at 0.01%. There is no separate "per se" vs. "impairment" prong — both fall under § 39:4-50.

2. Implied Consent

N.J.S.A. § 39:4-50.2 requires submission to breath testing. First refusal under § 39:4-50.4a triggers separate penalties: ignition interlock for 9-15 months, $300-$500 fine, IDRC class. Refusal sentencing runs consecutive to any DWI sentence.

3. First-Offense Penalties

First DWI tier 1 (BAC 0.08%-0.099%): No license loss after 2019 reform; mandatory ignition interlock for 3 months; $250-$400 fine; $1,000/year Insurance Surcharge for 3 years; 12-48 hours at the Intoxicated Driver Resource Center (IDRC). Tier 2 (0.10%-0.149%): 7-12 month interlock; Tier 3 (0.15%+): 4-6 month license suspension plus 9-15 month interlock.

4. Enhancements

Third DWI under § 39:4-50(a)(3): 180 days mandatory jail (90 days may be served in inpatient rehab), 8-year license loss, $1,000 fine, 1-3 year interlock after restoration. Vehicular homicide (§ 2C:11-5) is a first/second-degree crime with No Early Release Act 85% mandatory. DWI with minor passenger under § 39:4-50.15 adds disorderly persons offense.

5. Administrative License Suspension (ALS)

No ALS in New Jersey — there is no pre-conviction administrative suspension based on the breath test. Suspension or interlock is imposed only at sentencing in municipal court.

6. Court Process

Municipal Court arraignment, pretrial conferences, motions (R. 7:5-2), bench trial only (no jury), with right to appeal to Superior Court (Law Division) for trial de novo on the record.

7. Long-Term Consequences

$1,000-$1,500 annual Motor Vehicle Commission surcharge for 3 years, federal CDL disqualification for 1 year (49 C.F.R. § 383.51), DWI is not expungeable as a traffic offense (Doe v. Poritz), employment background impact.

This is legal information, not legal advice.