The statutes that control New Jersey DWI cases
DWI in New Jersey is defined by N.J. Stat. Ann. § 39:4-50, and the chemical-testing rules sit in N.J. Stat. Ann. § 39:4-50.2. Both are published in the official state code at law.justia.com, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.
Statutory text, definitions, BAC thresholds and sentencing ranges.
What refusing a breath, blood or urine test costs you.
Statute at a glance
New Jersey DWI law at a glance
Sourced from the New Jersey code and state agency sites. Verify current text before relying on it.
- Offense name
- DWI (New Jersey)
- Controlling statute
- N.J. Stat. Ann. § 39:4-50
- Implied consent
- N.J. Stat. Ann. § 39:4-50.2
- Per se BAC limit
- 0.08 (0.04 CDL, 0.02 or lower under 21)
- Prior-offense lookback
- 10 years
- First-offense fine
- $250–$400
- First-offense jail exposure
- up to 30 days
- Licence suspension
- 3 months
- Ignition interlock
- Required on a first offense in most cases
- Trial court
- the Municipal Court
A first offense carries a fine, possible jail, and mandatory interlock.
First-offense exposure under N.J. Stat. Ann. § 39:4-50: $250–$400, up to 30 days of jail exposure, and a 3 months licence suspension. A first offense carries a fine, possible jail, and mandatory interlock.
What N.J. Stat. Ann. § 39:4-50 actually says
- N.J.S.A. 39:4-50(a) — operating a motor vehicle while under the influence of intoxicating liquor, or a narcotic, hallucinogenic or habit-producing drug.
- N.J.S.A. 39:4-50(a) — operating with a blood alcohol concentration of 0.08 percent or more.
- N.J.S.A. 39:4-50 sets escalating fines, suspension and interlock periods for first, second and later offenses.
Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on law.justia.com carries an effective date — amendments passed after it are not yet reflected.
New Jersey ZIP codes covered
These New Jersey ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.
Counties and cities using these New Jersey resources
Counties
Other New Jersey official resources
Frequently asked questions
- What statute defines DWI in New Jersey?
- N.J. Stat. Ann. § 39:4-50 is the controlling DWI statute in New Jersey. You can read the current text on the official code site at law.justia.com.
- What is the New Jersey implied-consent law?
- N.J. Stat. Ann. § 39:4-50.2 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DWI arrest.