What is the legal blood alcohol limit for drivers in New Jersey?
What blood alcohol concentration (BAC) is the per se DWI level for a driver 21 or older in New Jersey?
The answer
0.08%. A driver 21 or older at 0.08% or more can be convicted of DWI. A driver can also be convicted below 0.08% if actually under the influence.
The state's DWI penalty table lists 0.08% as the lowest per se level for drivers 21 and older under N.J.S.A. 39:4-50, and also lists operating under the influence as a separate basis for a conviction.
Drivers under 21 face license revocation for a first violation at a BAC of 0.01% to 0.08%, under N.J.S.A. 39:4-50.14. The table lists 30 to 90 days.
Commercial drivers have a lower level, 0.04%. See the CDL version of this question.
Exceptions
- The 0.08% level is for drivers 21 and older who are not driving a commercial vehicle. Under-21 and commercial drivers have lower limits.
Why this rule matters for safety
Alcohol slows reaction time and weakens judgment before a person feels drunk. A limit gives a clear line, but impairment can begin well below it.
Official sources
- DWI minimum mandatory fines and penalties table · New Jersey Division of Criminal Justice (Office of the Attorney General)N.J.S.A. 39:4-50 per se levels; 39:4-50.14 under 21 (document is undated, issued after 2004 changes)
Rules checked against these sources on . Laws change. Confirm with the New Jersey agency before you rely on this for a legal matter.
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