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Deciphering The Legal Limits: Understanding What Constitutes A DUI In New Jersey

Janice Ruiz by Janice Ruiz
January 23, 2024
Deciphering The Legal Limits
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A DUI or driving under the influence charge in New Jersey can have severe and life-altering consequences. Fines, jail time, and license suspension are sometimes just the tip of the iceberg when it comes to paying the price. The impact can trickle down to other areas of your life as well—from your ability to keep or find a job to your personal relationships.

These are just a handful of reasons why it’s imperative to understand the legal limit and what constitutes a DUI before you get behind the wheel. Let’s take a closer look at DUIs in New Jersey, potential penalties, and what steps you can take after-the-fact.

Understanding DUIs In New Jersey

Though DUIs in New Jersey are considered traffic violations rather than criminal offenses, the consequences are no less serious. A DUI means being charged with driving under the influence of either drugs or alcohol. Depending on the state where you were charged, the term can be used interchangeably with DWI—driving while impaired or intoxicated. In some situations, driving while impaired may extend beyond alcohol or drug use, encompassing drowsiness of any kind—be it from a lack of sleep or side effects of prescription medication.

When police suspect that a driver is intoxicated or impaired behind the wheel, they’ll likely administer a breathalyzer test to determine their blood alcohol concentration. While the legal limit is .08% for most drivers in New Jersey, it’s possible to be arrested with BAC levels lower than that if a person’s driving is deemed impaired.

Commercial truck drivers are given less leeway with their BAC, having a legal limit of .04% in New Jersey. Additionally, New Jersey has a zero-tolerance law, which means if someone under the age of 21 is found driving with even trace amounts of alcohol in their system, they could be charged with a DUI.

Penalties Of DUI Charges In New Jersey

Getting charged with a DUI can be scary and overwhelming. Things often feel chaotic in the midst of an arrest, and it can be difficult to remain calm and composed. Having an idea of what to expect if you’re charged with a New Jersey DUI can help you mentally prepare for all possible outcomes.

The penalties of DUI charges in New Jersey will vary depending on the circumstances of the arrest, whether or not you’ve had previous offenses, and what your blood alcohol concentration was at the time of the arrest.

A first offense for a driver with a BAC higher than .08% but below .1% could face up to $400 in fines, up to 30 days in jail, three months with an ignition interlock device in their vehicle, and an annual surcharge for their auto insurance. With a BAC higher than .1%, fines could increase, their license could be suspended for anywhere from seven months to a year, and the ignition interlock device could be required for up to a year.

The consequences escalate for a second offense—with fines up to $1,000, jail time up to three months, 30 days of community service, possible license revocation for up to two years after conviction, and up to four years with an ignition interlock device after their license is restored.

Penalties rightfully become even more severe for third DUIs and any subsequent DUIs after the third offense. The driver could face up to six months in jail or up to three months of inpatient rehabilitation for drugs and alcohol. Additionally, their license could be suspended for up to eight years.

Deciphering The Legal Limits In New Jersey

Whether or not you’ve gotten a DUI in New Jersey, it’s a good idea to be prepared for what you can expect if it does happen. Understanding the consequences may help you give pause to getting behind the wheel under the influence, and at the very least it can give you an idea of what to expect going forward.

The penalties can be harsh, so it’s important to have someone in your corner who can fight for your rights on your behalf. No matter how many DUIs you’ve faced, be sure to find an experienced New Jersey attorney who can help you navigate the process.

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Janice Ruiz

Janice Ruiz

Janice Ruiz is a paralegal who comes from a long line of legal professionals in her family. When not working or writing, she enjoys watching documentaries about true crime events.

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