New Jersey DWI Charges Explained

In New Jersey, the offense of drunk driving is referred to as "Driving While Intoxicated" (DWI).

A New Jersey DWI charge is not a "crime"

A New Jersey DWI is not classified as a crime. Instead, New Jersey classifies it as a "motor-vehicle violation."

It is illegal to operate a motor vehicle in the state of New Jersey while under the influence of an intoxicating liquor, narcotic, hallucinogenic or habit-producing drug. New Jersey's DWI statute also has a "per se" provision wherein persons are prohibited from operating a motor vehicle with a blood alcohol content (BAC) of .08 or higher. Persons who permit another who is under the influence to operate a motor vehicle that they own or that is in their custody or control may also be charged with DWI.

The term "motor vehicle" does not just apply to cars. A person could be arrested for operating a motorized bicycle, boat, or vessel under the influence as well.

COMMERCIAL DRIVERS - Persons who hold commercial driver's licenses are prohibited from operating a commercial vehicle with a BAC of .04 or higher.

MINORS - According the New Jersey DWI Law, persons under the age of 21 are prohibited from operating a motor vehicle with a BAC of .01 or higher.

DWI WITH MINOR PASSENGER - Under New Jersey DWI law, parents or guardians of a minor child who are arrested for DWI while the minor child is a passenger in the vehicle will be charged with a disorderly persons offense in addition to a DWI. Persons who have a high BAC level while a minor passenger is present may also be charged with child endangerment.

DWI VEHICULAR HOMICIDE - Under New Jersey DWI law, if the death of a person results from a DWI offense, the driver may be charged with first or second degree vehicular homicide (depending on the facts and circumstances of the case).