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New Jersey

New Jersey prohibits the operation of a motor vehicle while under the influence or with a blood alcohol content (BAC) or .08% or greater. Also, a vehicle owner can get a DWI conviction for permitting an intoxicated person to operate the owner’s vehicle.

Operation of a vehicle. A person can be convicted of DWI for operating or attempting to operate a vehicle under the influence. For a conviction, there must be evidence of intent to drive (actual physical control and overt action) but there doesn’t need to be actual movement of the vehicle.

Under the influence. Drivers are prohibited from being under the influence of intoxicating liquors, narcotics, hallucinogens, or habit-producing drugs. “Under the influence” is defined as a substantial deterioration or diminution of the mental faculties or physical capabilities.

Per se DWI. A driver can be convicted of DWI without proof of actual intoxication if the driver’s BAC is .08% or more. This is termed a “per se DWI.” Our BAC calculator can give you an estimate of how many drinks it takes to reach a certain BAC.

  1st Offense 2nd Offense 3rd Offense
Up to 30 days

48 hours to 90 days
180 days
$250 to $400 ($300 to $500 if BAC of .10% or more or under influence of drugs)
$500 to $1,000 $1,000
Intoxicated Driver Resource Center (IDRC) Program
12 to 48 hours
Complete program Complete program
License Revocation
3 months (7 to 12 months if BAC of .10% or more or under influence of drugs)
2 years 10 years
Community Service
30 days
Up to 90 days (counts towards jail term)