Defense of New Jersey
DWI and Criminal Cases

Being pulled over for suspicion of DUI can be a stressful and confusing experience. If you or someone you know has been arrested for DUI in New Jersey, the Law Offices of Bartholomew Baffuto can help. It’s vital to hire a skilled legal representative as soon as possible.

Legal Alcohol Limits in New Jersey

In New Jersey, the legal alcohol limit (BAC) depends on the context. Legal BAC limits:

  • The legal BAC limit for all drivers of motor vehicles the operation of which does not require a CDL is 0.08%.
  • New Jersey has a zero-tolerance policy for underage drivers or those under 21 years old. This means that any detectable amount of alcohol in a driver’s system under the age of 21 can result in a special-category DUI charge under N.J.S. 39:4-50.14.
  • Commercial Driver’s License (CDL) Holders: For drivers who hold a Commercial Driver’s License (CDL), the legal BAC limit is even lower at 0.04%. This is because CDL holders operate larger, heavier vehicles, and any impairment can significantly increase the risk of an accident. If you’re facing a DUI charge as a CDL holder, the stakes are high, and it’s essential to contact a top DUI lawyer in New Jersey right away.

Implied Consent Laws

New Jersey has an “implied consent” law, which means that anyone operating a motor vehicle on the state’s roads automatically consents by operation of law to a chemical test (usually breath, blood, or urine) to determine their BAC if they are pulled over on suspicion of DUI.

Drivers who refuse a properly requested chemical test can be charged with an additional and separate offense imposing suspension of their driving privileges, fines, installation of an ignition interlock device upon conviction. Additionally, a refusal can be used against the driver in court as evidence of their guilt of DUI as defined under N.J.S. 39:4-50.

Drivers 21 Years Old and Above

For drivers who are 21 years old and older, New Jersey uses a tiered system of first-offender penalties for DUI penalties based on the driver’s BAC level. Here’s an explanation of each tier:

Tier I

It involves a BAC level of 0.08% to 0.149%. Possible penalties are:

  • Significant fines
  • Installation of an ignition interlock device (IID)
  • Classes at the IDRC
  • Possible jail time (up to 30 days)

Tier II

This tier involves a BAC level of 0.15% or higher. Possible penalties include:

  • License suspension of 4 months
  • Significant fines
  • Possible jail time (up to 30 days)
  • Installation of an IID.

Impaired Driving Offenses

In New Jersey, it’s not just about reaching the legal BAC limit to be charged with DUI. You can also be charged with other impaired driving offenses, including:

  • Driving Under the Influence of Drugs (DUID). This includes both illegal drugs and prescription or over-the-counter medications that can impair your ability to drive safely. Even medications with warning labels about drowsiness or operating machinery can lead to a DUID charge.
  • Refusal to Submit to a Chemical Test. If you refuse to provide a breath, blood, or urine sample when asked by law enforcement, you will face separate penalties in addition to the potential DUI charges. Sampling of blood or urine requires verbal consent or a search warrant ordering sampling of blood or urine.

If you or someone you know has been arrested for DUI in New Jersey, it’s vital to hire a skilled legal representative as soon as possible. The right DUI attorney can make a significant difference in securing the best possible outcome for your case. The Law Offices of Bartholomew Baffuto are committed to providing aggressive and effective defense for those facing DUI charges in New Jersey. Contact us for a consultation to discuss your situation and legal options.

What is the Legal Alcohol Limit in New Jersey?