If you are facing a drunk driving charge in New Jersey, you will need to quickly get up to speed on the laws affecting your case. There have been some significant updates over the past year, so it is important to ensure that you are relying on up-to-date information. But, while knowing the law is important, it is also just the first step. To build a strong defense based on the specific circumstances of your case, you will need an experienced New Jersey DWI lawyer on your side.
When you hire an experienced New Jersey DWI lawyer to represent you, your lawyer will carefully assess the facts of your case in light of New Jersey’s current drunk driving laws. Based on this assessment, your lawyer will then determine which defenses he or she can assert on your behalf. Your lawyer will be able to explain other key aspects of New Jersey’s DWI laws as well—including New Jersey’s new ignition interlock device (IID) law and New Jersey’s law on DWI expungement.
New Jersey’s Driving While Intoxicated (DWI) Statute
One law that hasn’t changed recently is New Jersey’s DWI statute (N.J.S.A. Section 39:4-50(a)). This means that as of 2024, there are still two ways New Jersey prosecutors can seek a drunk driving conviction:
- “[Operating] a motor vehicle while under the influence of intoxicating liquor;” or,
- “[Operating] a motor vehicle with a blood alcohol concentration of 0.08 percent or more by weight of alcohol in the defendant’s blood.”
While New Jersey’s BAC limit for adults over the age of 21 remains at 0.08 percent, prosecutors can secure a drunk driving conviction based on a lower DUI in some cases. For example, like other states, New Jersey still has a “zero tolerance” law for drivers under the age of 21, and the BAC limit for drivers of commercial vehicles is just 0.04 percent.
New Jersey’s DWI Penalties
New Jersey’s DWI penalties have also remained largely unchanged in 2024, with one major exception that we discuss below. Before this, the last major change happened in 2019, and Governor Murphy renewed the 2019 penalty provisions late last year. This means that for a standard first-time offense, a conviction can lead to:
- Fines and surcharges
- Driver’s license suspension
- Up to 30 days in jail
- Mandatory alcohol education
- Mandatory ignition interlock device (IID) installation
The penalties for a DWI in New Jersey increase significantly if your BAC is 0.10 percent or above, if you have a prior DWI on your record, if you have a minor in your vehicle, or if you cause an accident while driving drunk. Drunk driving convictions can lead to increased insurance premiums, challenges with finding a job, and other consequences as well. When you speak with a New Jersey DWI lawyer about your case, your lawyer will be able to walk you through all of the consequences that are on the table.
New Jersey’s Ignition Interlock Device (IID) Law
One of the most significant changes to New Jersey’s DWI laws over the past year involves changes to the state’s ignition interlock device (IID) law. We provided a detailed overview of the new IID law earlier this year.
Basically, if you are facing a DWI charge in New Jersey, you now have the option to voluntarily install an IID in your vehicle (or vehicles) while your case is pending. If you do this, you can keep your driver’s license while your case is pending, and if you receive a driver’s license suspension, you can receive credits for the days that you had an IID installed. There are some exceptions (i.e., for cases involving serious bodily injury), and installing an IID isn’t cheap—but if you need to be able to drive, voluntarily installing an IID could be your best option.
New Jersey’s DWI Plea Bargaining Law
The other significant change to New Jersey’s DWI laws in 2024 took effect in February. While plea bargaining previously wasn’t allowed in New Jersey DWI cases, this changed when Governor Murphy signed bill S-3011/A-4800 into law. Now, plea bargaining is allowed in DWI cases, and this provides an invaluable opportunity for many DWI defendants to avoid the life-altering consequences of a drunk driving conviction.
In most cases, plea bargaining in a DWI case in New Jersey involves pleading guilty to a “wet reckless.” While this still has legal (and financial) consequences, these consequences are nowhere near as severe as the consequences of a DWI. If you are facing a DWI charge, your lawyer can help you decide whether seeking a plea bargain is your best option.
New Jersey’s Implied Consent Law
New Jersey’s implied consent law remains in effect in 2024. Under this law, New Jersey residents and visitors are required to submit to a blood alcohol concentration (BAC) test when they get pulled over on suspicion of DWI—provided that the police also comply with the law. Violating New Jersey’s implied consent law (also referred to as a DWI refusal) can lead to an automatic driver’s license suspension, fines, surcharges and other penalties.
New Jersey’s DWI Expungement Law
New Jersey’s DWI expungement law also remains unchanged for 2024. This means that DWI charges still are not eligible for expungement. While some states have recently amended their laws to allow for the expungement of certain drunk driving-related offenses, New Jersey has not yet followed this trend. As a result, a DWI conviction will stay with you for life—and this is yet another reason why it is important that you discuss your case with an experienced New Jersey DWI lawyer as soon as possible.
Need Help? Talk to a New Jersey DWI Lawyer at Helmer, Conley & Kasselman, P.A.
Are you facing a drunk driving charge in New Jersey? If so, our lawyers can explain everything you need to know and fight to protect you by all means available. To learn more in a confidential initial consultation, give us a call at 877-435-6371 or tell us how we can reach you online today.
