The DWI Stop
N.J.S.A. 39:4-50 — 0.08 percent, and an ignition interlock even on a first offense
Under the influence, or 0.08 percent. In New Jersey, operating a motor vehicle under the influence of liquor or a narcotic, hallucinogenic or habit producing drug, or with a blood alcohol concentration of 0.08 percent or more, is driving while intoxicated. So is letting someone in that condition drive a vehicle one owns or controls.
For a first offense between 0.08 and 0.10 percent, or under the influence, the fine is $250 to $400, with 12 to 48 hours at an Intoxicated Driver Resource Center and up to 30 days in jail at the court's discretion, and the person may not drive until an ignition interlock is installed in the vehicle they most often drive.
Anyone who drives on a public road is deemed to consent to breath samples when an officer has reasonable grounds to believe they were driving while intoxicated. The officer reads a standard statement of the consequences of refusing. The person gets a record of the test on request and may have their own breath, urine or blood test by a person of their choosing, and no test may be taken by force against physical resistance.
| Refusing the breath test | Driving privilege |
|---|---|
| Refusing the breath testFirst offense | Driving privilegeForfeited until an ignition interlock is installed |
| Refusing the breath testSecond offense | Driving privilegeForfeited for one to two years after an interlock is installed |
| Refusing the breath testThird or later | Driving privilegeForfeited for eight years after an interlock is installed |
Sources for this section (3)
- N.J.S.A. 39:4-50 — Driving while intoxicated
- N.J.S.A. 39:4-50.2 — Consent to taking of samples of breath
- N.J.S.A. 39:4-50.4a — Refusal to submit to test; penalties
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.