In the state of New Jersey, a person will suffer penalties and be considered guilty of drunk driving if they operate any motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or greater. BAC is the amount of alcohol in a person's blood.
Even though DWI law refers to a 0.08 percent BAC, a person can be convicted of driving while under the influence of intoxicating liquor even when their BAC is below 0.08 percent.
If a person consumes even a small amount of alcohol it will dull the senses, decrease reaction time, and hamper judgment, vision and alertness. Anyone consuming any amount of alcohol and their driving is affected, they can be convicted of drunk driving and face severe penalties.
Separate penalties are assessed for first, second and third convictions, plus additional penalties under certain conditions.
In addition to the regular penalties, a parent or guardian convicted of drunk driving and who has a minor under age 17 as a passenger in the motor vehicle is also guilty of a disorderly persons offense.
Under these penalties, a person shall forfeit the right to operate a motor vehicle 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.