New Jersey DUI law (N.J.S.A. 39:4-50(a) Driving under the influence) is when a person operates a motor vehicle while under the influence of alcohol, drugs, or a combination of both. The state of intoxication in New Jersey is described as a "substantial deterioration or diminution of the mental faculties or physical capabilities. In New Jersey you can be convicted of DUI solely on the evidence gathered from the NJ police officer observing your mental state and behavior.
In addition, the state of New Jersey also includes a 2nd charge, commonly referred to as the 'per se' law. This makes it a crime to operate a motor vehicle with a blood alcohol concentration (BAC) at or above .08%. New Jersey does not require any physical proof of intoxication beyond a chemical test reading .08% or greater to be convicted on this charge. No evidence of intoxication is required beyond the chemical test.
BAC Between .08% - .10% (N.J.S.A. 39:4-50(a)(1)(i.)
BAC Greater Than .10% (N.J.S.A. 39:4-50(a)(1)(ii.)
(N.J.S.A. 39:4-50(a)(2)
(N.J.S.A. 39:4-50(a)(3)
Note: The look back period for New Jersey DUI offenses is 10 years. Meaning if you have more than 1 DWI offense within ten years the latter is classified as a 2nd offense.
Working with a New Jersey DUI attorney can help you get the least possible amount of penalties including lesser drivers license suspension time and fines.
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New Jersey DUI offenses are serious offenses with some pretty serious consequences. Another ongoing consequence not mentioned above is the need to maintain high risk auto insurance, SR22 insurance, for a period of 3 years after a DUI conviction in New Jersey.
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