No felony DUI law
Impairment-based statute only
No cannabis-specific drugged driving law
Enhanced penalties
0.1
Ten years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
No 24/7 legislation
ALS/ALR law enacted
Permitted
Habitual Offender Law Enacted
351-500 DREs
No DUI Courts
No Hybrid Courts
Cannabis-specific open container law
Recreational & Medical Cannabis
Does not extend to drugs
No affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
No low BAC provisions
none
Mandatory high-BAC and repeat offender
Court Rule/Order
Narcotics
Judicial license suspension/revocation
Distinctive License & No Seizure Law
Has legal authority to implement No Refusal program
No authorization
No
New Jersey Implied Consent statute is currently written for alcohol only. No penalties or sanctions appear to apply to drugs of any type.
No Data Available
No Data Available
No Data Available
39:4-50.2 - Learn More
Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14).
39:4-50 - Learn More
Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject … to DUI charges
39:4-50 - Learn More
Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject … to DUI charges
Administrative penalty only
Administrative penalty only
No Data Available
No Data Available
Yes
First Offense – 7 months to one year.
Second Offense – Two years.
Third and Subsequent Offense – Ten years.
No
If you have refused any chemical testing for a DWI in New Jersey your license will automatically be suspended. Once you have lost your license you simply can't drive at all. There are no exceptions to this rule. There are no exceptions in New Jersey Law, such as a conditional driver's license for work or otherwise.
39:4-50 - Learn More
Sentencing statute appears to mandate ignition interlock for third and subsequent DUI offenses.
No Data Available
None
None
No Data Available
No Data Available
DWI Per se - Officer determines you are under the influence of alcohol and/or drugs.
Yes
For First Offense, defendant must also attend a class called "Intoxicated Driver Resource Center " (IDRC) for 12 to 48 hours.
39:4-50 - Learn More
First offense: Fine of not less than $300 nor more than $500, a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day, a term of imprisonment of not more than 30 days, and offender forfeits his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year.
Second offense: Fine of not less than $500 nor more than $1,000, offender shall perform community service for a period of 30 days, offender shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days and offender forfeits his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction.
Third and subsequent offenses: Fine of $1,000, imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and offender thereafter forfeits his right to operate a motor vehicle over the highways of this State for 10 years and offender required to install an ignition interlock device.
Yes
No
Statute uses "or" to define violation.
No Data Available
39:4-50.15 - Learn More
New Jersey makes it a disorderly persons offense to drive under the influence with a minor as a passenger.
As used in this act:
"Minor" means a person who is 17 years of age or younger.
"Parent or guardian" means any natural parent, adoptive parent, resource family parent, stepparent, or any person temporarily responsible for the care, custody or control of a minor or upon whom there is a legal duty for such care, custody or control.
b. A parent or guardian who is convicted of a violation of R.S.39:4-50 and who, at the time of the violation, has a minor as a passenger in the motor vehicle is guilty of a disorderly persons offense.
c. In addition to the penalties otherwise prescribed by law, a person who is convicted under subsection b. of this section shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not more than six months and shall be ordered to perform community service for a period of not more than five days.
Section 2C:35-2 - Definitions
Tetrahydrocannabinols are referenced here.
No Data Available
No Data Available
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21 and older
No Data Available
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Yes – For those under 18 the primary caregiver can never have been convicted of a felony drug offense. The caregiver must be 18 years of age or older and may provide for more than one patient at a time. Must be referred by a pediatrician and meet other regulations.
No Data Available
No Data Available
New Jersey social host laws appear to apply to alcohol only.
New Jersey social host laws appear to apply to alcohol only.
Less than an ounce doesn't appear to carry substantial penalties until subsequent offenses or higher ounces. If the sale is to a minor, the penalties double.
New Jersey passed Question 1, amended the state constitution in a manner to accommodate for the adult-use possession, production, and sale of marijuana to those age 21 or older. The law took effect on January 1, 2021. Possession of up to 6 ounces of cannabis by an adult is legal.