AN OVERVIEW OF A DWI CHARGE

The statute N.J.S.A. 39:4-50 makes it unlawful to "operate a motor vehicle while under the influence of intoxicating liquor ... or .. with a blood alcohol concentration of .08% or more by weight of [blood] alcohol." There are two prongs to New Jersey's Drunk Driving Law (i.e. a defendant can be convicted in one of two ways); (a) operating a motor vehicle while "under the influence of intoxicating liquor", or; (b) operating a motor vehicle with a "blood alcohol concentration of .08% or more." The term “Under The Influence” is broadly defined as a driver who has consumed alcohol "to the extent that his physical or mental faculties are deleteriously affected." State v. Emery, 27 NJ. 348 (1958). Currently, a person who operates a motor vehicle with a BAC of .08% or more is guilty, regardless of how the alcohol may have affected him personally. The most common type of BAC evidence is a breathalyzer reading which (mathematically) converts breath alcohol into a blood alcohol reading.

THERE ARE NO CONDITIONAL DRIVER LICENSES AFTER A PERSON IS CONVICTED OF A DWI.

There are no conditional driver licenses after a person is convicted of a DWI offense. The revocation of your driver's license in New Jersey is mandatory for the prescribed period(s). There are currently no exceptions under New Jersey Law which provides for a conditional driver's license for work or otherwise.