New Jersey DWI DUI Facts 2022

Call The Law Office of Jason T. Komninos to Schedule a DWI / DUI Consultation





1) The legal Blood Alcohol Concentration (BAC) limit in New Jersey is 0.08.

2) DWI and DUI are not separate violations in New Jersey. They both fall under the same statute: N.J.S.A. 39:4-50.

3) While other states may classify intoxicated driving as a criminal offense, New Jersey classifies DWI as a traffic offense.

4) Since it is considered a traffic offense in New Jersey, a DWI conviction can never be expunged from your record.

5) Due to the implied consent law, you are required to give breath samples at the police station if the police request that you do so.

6) If you refuse to give adequate breath samples you can be charged with both DWI and a refusal violation.

7) A refusal violation is a separate offense that carries its own penalties.

8) The “alphabet test” is not one of the Standardized Field Sobriety Tests.

9) The three Standardized Field Sobriety Tests are: the horizontal gaze nystagmus test, the one leg stand, and the walk and turn test.

10) To test for drug impairment, the police might conduct a Drug Recognition Examination (DRE).

11) There are twelve foundational documents that must be provided to your attorney to prove that the Alcotest machine was in proper working order.

12) If you were charged with DWI while minor children were in the car, you can also be charged with endangering the welfare of a child.

13) If you are convicted of DWI and drive while your license is suspended, you face mandatory jail time if you are convicted of driving while suspended.

14) DWI is widely considered the most serious offense heard in the municipal court system of New Jersey.

15) The penalties for a subsequent DWI offense increase if you have prior convictions for DWI.