State DUI Laws

New Jersey DUI Laws

DUI Information for New Jersey

In the state of New Jersey, it is against the law to drive under the influence (DUI) of drugs or alcohol.  Anyone operating a motor vehicle or boat who has a BAC (Blood Alcohol Concentration) of 0.08% or greater, is considered to be driving under the influence (DUI).

Being convicted of a DUI is a serious offense that has many serious penalties, including:

  • Fines, fees and surcharges
  • License suspension
  • Ignition Interlock device
  • Jail time
  • Community service

New Jersey DUI – statute(s)

  • J.S.A. 39:4-50.

New Jersey DUI – standard

  • It is illegal to operate a motor vehicle “while under the influence of . . . narcotic, hallucinogenic or habit-producing drug.” N.J.S.A. 39:4-50(a).

New Jersey DUI – applicable substances

  • Narcotic, hallucinogenic or habit-producing drug.

New Jersey DUI – affirmative defense

New Jersey Per se – statute(s)

New Jersey Per se – standard

  • N/A

New Jersey Per se – applicable substances

  • N/A

New Jersey Per se – affirmative defense

  • N/A

New Jersey Implied consent – applicable drivers

  • New Jersey’s general implied consent statute, N.J.S.A. 39:4-50.2, appears to apply only to the “taking of samples of [the driver’s] breath for the purpose of making chemical tests to determine the content of alcohol in his blood,” and not to chemical tests of blood or urine for the presence of other drugs.

New Jersey Implied consent – tests authorized

  • N/A

New Jersey Implied consent – basis for test

  • N/A

New Jersey Implied consent – evidence of refusal

  • N/A
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