Resources / New Jersey

    New Jersey DUI Statutes: The Code Sections That Control Your Case

    The New Jersey DWI statutes — the code sections, implied-consent law, BAC limits and first-offense sentencing ranges, cited to the official code.

    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.

    New Jersey official code — DWI statute

    Statutory text, definitions, BAC thresholds and sentencing ranges.

    Implied-consent provision

    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
    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

    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.

    Browse all New Jersey ZIP codes.

    Counties and cities using these New Jersey resources

    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.