Alcohol and Drug Limits
- 1/26Maximum legal blood alcohol concentration while driving
A BAC of 0.08% or higher is illegal. For commercial drivers, the limit is 0.04%. Under 21, any BAC of 0.01% or more is a violation.
Driving with a BAC of 0.08% to 0.10%
This is the lowest-level DUI offense in NJ. Offenders must attend 12 to 48 hours at an Intoxicated Driver Resource Center IDRC, pay a $1,000 per year surcharge for 3 years, and may face up to 30 days in jail.
BAC of 0.10% or higher on first offense
Offenders are subject to IDRC, $1,000 annual surcharges for 3 years, up to 30 days jail, and multiple administrative fees for reinstatement.
BAC of 0.15% or more
At this level, the driver must install an ignition interlock device before restoration, which prevents the vehicle from starting unless a clean breath sample is provided.
First-time DUI with drugs non-alcohol
Although there is no BAC test, a DUI for controlled substances carries similar penalties. Jail time, fees, and insurance surcharges apply.
A second DUI within 10 years
Additional penalties include 48 hours IDRC, 48 hours to 90 days jail, $1,000 annual surcharge, and loss of insurance coverage eligibility.
Third DUI within 10 years
The court may reduce jail time by allowing time served in an inpatient rehab facility. This is the harshest DUI penalty short of vehicular homicide.
Refusing a breath test under Implied Consent Law
Refusal leads to the same penalties as DUI, plus interlock installation. Suspension period matches the level of offense first, second, etc..
First refusal to submit breath test
Refusal is treated as if DUI occurred. It includes license suspension and financial penalties.
Second or subsequent breath test refusal
These are handled similarly to second or third DUI charges, and can include jail time and additional fines.
Under 21 with BAC of 0.01% or more
New Jersey Zero Tolerance Law applies even if BAC is below the adult legal limit. Affected minors also lose points on their driving record.
Consuming alcohol underage in a licensed venue
This law applies even if the person is not driving. If they do not yet have a license, it will be postponed; if they do, it may be suspended.
Open alcohol container in a vehicle
A second offense results in a $250 fine or 10 days of community service. This applies whether the container is open in the front or back seat.
Possession of drugs while operating a vehicle
This is mandatory even if the drugs were not being used at the time. Criminal drug charges may also apply.
DUI while transporting a minor
Additional penalties include up to 5 days of community service, and it may impact child custody or guardianship status.
Failing to install a court-ordered ignition interlock device
The offender is charged with a disorderly person offense and may be fined up to $1,000 or face jail time.
Driving with a suspended license due to DUI
Suspension is lengthened by 1 to 2 years, and interlock penalties continue or restart.
Voluntarily installing an ignition interlock device
A restricted-use license may be issued allowing limited driving with interlock, even before full reinstatement.
DUI while holding a commercial license BAC is above 0.04%
Even though the regular license isn’t suspended, the CDL may be lost for a full year or permanently with repeat offenses.
Failure to complete IDRC requirements
Drivers must attend the required hours and treatment recommendations to regain privileges.
Completion of IDRC is mandatory
Programs include education, screening, and may assign longer-term substance treatment if deemed necessary.
Alcohol combined with road rage or emotional driving
Aggressive driving mixed with alcohol is a leading cause of fatal crashes in New Jersey.
A single 12 oz beer, 5 oz wine, or 1.5 oz liquor
All standard servings deliver about 0.6 oz of pure alcohol, affecting balance, vision, and judgment.
Sobering up requires time
Only the liver can metabolize alcohol at a fixed rate 1 drink per hour. Other methods do not reduce intoxication.
Alcohol mixed with drugs like antihistamines or marijuana
Combining substances increases confusion, dizziness, and the risk of collisions or blackouts.
Boating under the influence (BUI)
BUI offenses include $250 to $1,000 fines and are treated similarly to DUI under New Jersey law, including IDRC and surcharges.