Think Before You Drink (or Medicate): Understanding New Jersey DWI/DUI

It’s summer in New Jersey—concerts, BBQs, boardwalk trips, and long drives “down” the shore. But while you think you may be just out relaxing, law enforcement is also out in full force cracking down on DWI/DUI offenses. Whether you’re behind the wheel of a car, on an e-bike, or even in a self-driving Tesla, it’s essential to know what counts as a DWI/DUI in New Jersey—and what doesn’t.

What Qualifies as a DWI/DUI in NJ?

New Jersey’s Intoxicated Driver statute doesn’t just mean driving drunk. It means driving under the influence of anything that impairs your ability to safely operate a vehicle. That includes:

• Alcohol (Blood Alcohol Content (BAC) of 0.08% or higher)
• Cannabis, even if it’s prescribed
• Prescription drugs like Ambien, Xanax, Percocet, or Adderall
• Illegal drugs like cocaine, heroin, methamphetamine, etc.

Just because you are taking a medication or drug that you have been lawfully prescribed does not mean you cannot be charged or convicted in New Jersey for Driving Under the Influence.

How DWI/DUI Charges Happen

Most DWI/DUI cases start with a traffic stop or interaction with police. If police observe a traffic violation, such as speeding or failing to maintain your lane of travel, you can be pulled over. In New Jersey, the driver can be ordered out of the car without any specific reason or suspicion of wrongdoing.

Even if you are not ordered out of the vehicle, police only need a “reasonable articulable suspicion” to begin a DWI/DUI investigation. This could be due to the odor of alcohol, watery or bloodshot eyes, slurred speech, or difficulty producing your driver’s license and insurance.

The investigation typically proceeds like this:

• Ask if you have had anything to drink
• Ask if you have ingested any medication or drugs prior to driving
• Ask you to step out of the vehicle (if not already out)
• Ask you to perform Standardized Field Sobriety Tests (SFSTs)

If you are deemed to have “failed” the SFSTs, you are arrested on suspicion of DWI/DUI and taken into custody, where you will be directed to provide a breath sample.

You should know : At no point in a DWI/DUI investigation are you required to provide any information about:

• Where you are going
• Where you are coming from
• Whether you have been drinking
• Whether you have ingested any drugs, prescribed or otherwise

You should also know : There are three (3) Standardized Field Sobriety Tests (SFSTs) recognized in New Jersey:

• Horizontal Gaze Nystagmus (HGN) (following a pen with your eyes without moving your head)
• Walk-and-Turn
• One-Leg Stand

Only two (Walk-and-Turn and One-Leg Stand) are admissible against you at trial. The HGN test can only be used to determine probable cause to arrest.

What New Jersey Law Says You Must Do (and What You Can Refuse)

When pulled over, it’s critical to know your rights. In New Jersey:

• Breath Test : You must provide a breath sample if police have a reasonable basis. Refusing triggers a separate “Refusal” charge under New Jersey’s Implied Consent Law.
• Blood Test : You do not have to consent unless police obtain a warrant.
• Urine Sample : You can refuse to provide one.
• Drug Recognition Evaluation (DRE): You cannot be compelled to participate. As of June 2025, participation is voluntary. It is critical that you know your rights about Drug Recognition Evaluators (commonly referred to by the State as Drug Recognition Experts).

Can You Get a DUI on an E-Bike or Self-Driving Car?

You may think that by riding a bike you are safe from DWI/DUI. Well, in New Jersey, you are wrong. You can absolutely get a DWI while riding an e-bike. If you are riding an Electric Bike that can go 20+ mph you can be charged with DWI/DUI in New Jersey.

If you have a self-driving car, like a Tesla, you are still required to be a sober, responsible driver. The law may change, but for now, you cannot be saved by claiming the car was driving itself.

The 3 Tiers of Alcohol DUI in NJ (and What They Mean for You)

There are three tiers of alcohol DUI in New Jersey and the penalties depend on your BAC:

• Tier 1 (0.08–0.09%): License suspension until Ignition Interlock Device installed for 3 months; up to 30 days jail (not mandatory); Intoxicated Driver’s Resource Center (IDRC): 12-48 hours; mandatory fines.
• Tier 2 (0.10–0.14%): License suspension until Ignition Interlock Device installed for 7–12 months; up to 30 days jail; Intoxicated Driver’s Resource Center (IDRC): 12-48 hours; mandatory fines.
• Tier 3 (0.15%+): 4–6 month license suspension + Ignition Interlock Device installed during suspension and 9–15 months after; up to 30 days jail; Intoxicated Driver’s Resource Center (IDRC): 12-48 hours; mandatory fines.

* Out-of-state drivers: NJ requires Ignition Interlock installation in your home state.

What About Drug Driving Convictions?

If you are convicted for driving while “high”, there are no tiers. The penalties for a first offenses are:

• License: 7–12 month license suspension
• Jail: Up to 30 days
• Intoxicated Driver’s Resource Center (IDRC): 12-48 hours

What Does DWI/DUI in New Jersey Actually Cost?

• Tier 1: $4,596–$4,746
• Tier 2: $5,146–$5,971
• Tier 3: $5,896–$7,096
• Drug: $4,021–$4,221

(Covers fines, surcharges, IDRC, Ignition Interlock, MVC fees, etc.)