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New Jersey

Felony DUI

No felony DUI law

DUID Zero Tolerance and Per Se Laws

Impairment-based statute only

Cannabis Drug-Impaired Driving Laws

No cannabis-specific drugged driving law

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.1

DUI Look-back Periods

Ten years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

No ALS/ALR law

Sobriety Checkpoints

Permitted

Habitual Offender Designation

Habitual Offender Law Enacted

Drug Evaluation and Classification Program

351-500 DREs

DUI Courts - Standalone

No DUI Courts

DUI Courts - Hybrid

No Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Medical Cannabis

DUID: Implied Consent Testing Methods

Does not extend to drugs

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

None

Lower BAC legislation

No legislation introduced

Low BAC

No low BAC provisions

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

No legislation passed

Ignition Interlocks

Mandatory high-BAC and repeat offender

Electronic Warrants (E-warrants) Authorization

Court Rule/Order

Top Detected Drug Category by State (2019)

Narcotics

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Has legal authority to implement No Refusal program

Oral Fluid Testing

No authorization

Implied Consent Laws

Drugs

No
New Jersey Implied Consent statute is currently written for alcohol only. No penalties or sanctions appear to apply to drugs of any type.

Blood

No Data Available

Urine

No Data Available

Oral Fluids

No Data Available

Other

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).

DUI Statutes

Drugs

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

Combined/Multiple Substance

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

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

 Administrative penalty only
 Administrative penalty only

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

No Data Available

Criminal Trial

No Data Available

ALR Laws

Cannabis

Yes

Length/Time of Restriction

First Offense – 7 months to one year.
Second Offense – Two years.
Third and Subsequent Offense – Ten years.

Hardship License Available

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.

Random Drug Testing or Ignition Interlock Requirements

Cannabis

39:4-50 - Learn More
Sentencing statute appears to mandate ignition interlock for third and subsequent DUI offenses.

Other Drugs

No Data Available

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

None

Cannabis Per Se Statute

None

Threshold

No Data Available

Nanogram Limit

No Data Available

DUI Standards

DWI Per se - Officer determines you are under the influence of alcohol and/or drugs.

Provisions for Screening Cannabis/Assessment/Education/Treatment

Yes

Additional Penalties

For First Offense, defendant must also attend a class called "Intoxicated Driver Resource Center " (IDRC) for 12 to 48 hours.

Cannabis Impaired Driving Penalties

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.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

No
Statute uses "or" to define violation.

Penalties for Multiple Substance/Multiple Substance Impaired Driving

No Data Available

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

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.

Statutes with THC Listed as Delta 8, 9, 10, or 11

Section 2C:35-2 - Definitions
Tetrahydrocannabinols are referenced here.

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

21 and older

Underage Cannabis Laws and Penalties

Underage Possession

No Data Available

Underage Consumption

No Data Available

Underage Purchase

No Data Available

Underage Attempt to Purchase

No Data Available

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

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.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

New Jersey social host laws appear to apply to alcohol only.

Drugs

New Jersey social host laws appear to apply to alcohol only.

Penalties for Retailers Who Knowingly Sell to People Under 21

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.

Other

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.