New Jersey DUI/DWI law states that it is against the law for any person to operate or be in physical control of a motorized vehicle in the state of New Jersey while under the influence of alcohol, drugs, intoxicants or any combination thereof with a blood alcohol concentration level of .08% or greater.
It is not necessary for a person who is stopped on suspicion of driving under the influence in New Jersey to show the typical signs of impairment one would expect to see in someone who has been consuming alcohol or drugs, just the fact that that person's BAC level is above the legal limit of .08% or greater will get you arrested for DUI/DWI in New Jersey.
A person can still be arrested and charged with DUI/DWI in New Jersey even if their BAC level is below the legal limit just by displaying signs of impairment that are consistent with driving under the influence.
Even before an officer stops someone on suspicion of driving under the influence, the officer is already starting to build a case against that individual starting with observing the individual's driving behavior prior to initiating a DUI stop. The officer is going to be observing whether or not you are swerving within your own lane or whether or not you are swerving over the lane markers.
He will also be looking for other signs like excessively wide turns, how you are maintaining your speed versus the posted speed limit and other various observations. All of this is going on even before the officer initiates a DUI stop.
When you are stopped the officer is going to start by asking the obvious questions as to whether or not you've been drinking and then the officer will proceed into asking you to perform some field sobriety tests. It is not required by law that you submit to the field sobriety tests, you have every right to kindly refuse to submit to them.
You are however, required by New Jersey implied consent law to submit to a chemical test. If you refuse to submit to a chemical test the arresting officer must inform you of the penalties for a test refusal and then ask you a second time if you will submit to a chemical test.
Every driver who holds a New Jersey driver's license has agreed to the states implied consent law when they initially accepted their New jersey driver's license. Basically the implied consent law says that if you are stopped on suspicion of driving under the influence you shall submit to a chemical test to check for alcohol, drugs or intoxicants in your body.
Refusal to submit to a chemical test will result in an automatic suspension of your license for a period of 1-year following a first offense refusal, a second offense refusal will result in an automatic 2-year suspension and a third offense refusal will result in your license being suspended for 10-years.
The penalties and fines for a New Jersey first offense DUI/DWI are as follows:
Before the DMV will reinstate your license following your suspension period you will be required to show proof of financial responsibility in the form of a New Jersey SR22 insurance policy that meets the states minimum auto insurance liability coverage limits.
The penalties and fines for a New Jersey second offense DUI/DWI are as follows:
The penalties and fines for a New Jersey third or subsequent offense DUI/DWI are as follows:
A person operating a commercial motor vehicle in the state of New Jersey while under the influence of alcohol, drugs or an intoxicant with a blood alcohol concentration of .04% or greater or failing to submit to a chemical test will be arrested for DUI and your CDL will be revoked for a period of 1-year following a first offense violation.
If you were carrying hazardous materials at the time, your CDL will be revoked for 3-years. A second offense violation will result in a permanent CDL revocation, you will never be able to drive or operate a CMV again. A CMV operator stopped and found to have any measurable amount of alcohol less than .04% in their system will be issued an "out-of-service" notice and will not be allowed to drive for the next 24-hours.
Your license may be suspended for 30 to 90 days for a first offense violation. You may also have perform community service for 15 to 30 days for a first offense and attend an intoxicated driver resource center program.
Second or subsequent time offenders under the age of 21 will have their license revoked for a period of time to be determined by the MVC.
If a person under 21 is arrested for having a BAC of .08% or greater they will face the same charges as someone over 21 would be facing for the same offense.
Before the New Jersey MVC will reinstate your license following your suspension or revocation period, they will require you to file an SR22 form with them before issuing you a new license. You will be required to carry your SR22 insurance for a period of 3-years.
At anytime during this 3-year period if there is a lapse in your New Jersey SR22 insurance coverage, your insurance provider is obligated by law to immediately inform the New Jersey MVC of the lapse. If a lapse in coverage occurs, the New Jersey MVC will immediately revoke your license and you will be required to re-file an SR22 form with the MVC before they will issue you another license.
Since you are going to have to have your SR22 insurance for a period of 3-years, it is important to find the cheapest policy you can before choosing one. DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of New Jersey and has worked out a special discount only available here for our website visitors.
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New Jersey First Offense DUI - First offense information including penalties, fines, potential jail time, license suspension, DUI classes, and much more.
New Jersey SR22 Insurance Filing - We have compiled everything you need to know about NJ's SR22 insurance and filing requirements including important addresses, phone numbers, etc.
New Jersey DUI Education Classes - We offer a complete listing of state approved DUI education classes listed by County.
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