Last reviewed . Law current as of October 2026.
In New Jersey, DWI is a motor vehicle offense under N.J.S.A. 39:4-50, heard in municipal court by a judge without a jury. A reading of 0.08% or more is enough for a conviction. Since a 2019 law, most first offenses center on an ignition interlock device rather than long license suspensions. Refusing a breath test is a separate offense with its own penalties.
Why it is not a 'crime' but still serious
DWI sits in Title 39, the motor vehicle code, not Title 2C, the criminal code. That is why there is no jury. But penalties include fines, hours at the Intoxicated Driver Resource Center (IDRC), interlock, license forfeiture, insurance surcharges, and jail for repeat offenses. Details by offense level are on our DWI page.
The breath test and refusal
New Jersey's implied consent law (N.J.S.A. 39:4-50.2) means drivers are deemed to consent to breath testing after a lawful arrest. Refusal (N.J.S.A. 39:4-50.4a) is a separate charge, and its penalties can be added to a DWI penalty.
What to do now
- Keep all tickets and paperwork
- Write down what you remember about the stop, the tests, and the timing while it is fresh
- Note your first municipal court date
- Do not miss court; ask a lawyer about requesting discovery, including video and Alcotest records
If you are convicted
You can generally appeal a municipal court conviction to the Superior Court within 20 days. Ask about this right away if you think the judge got it wrong.
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.