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Breathalyzer Test

In New Jersey if you get arrested for a DUI, you must take a Breathalyzer test. When you get your license in New Jersey, you give consent for this test, known as "implied consent." If you refuse to take a Breathalyzer test, you will be detained and brought to a hospital where hospital staff may draw blood.


If you refuse a Breathalyzer test, you will face the same loss of driving privileges as a DUI offense.

Mandatory fines and penalties

We work together with DWI experts who will help us fight DWI cases. If you received a ticket for a DWI in New Jersey, call us immediately to discuss your case.  We have a 24 hour phone service to meet our client’s needs.


Call us today at

(609) 484-3300.


Swift Law Firm, LLC has over 22 years experience fighting DWI cases in New Jersey.  We have a team of dedicated attorneys who are constantly attending continuing education classes in the field of DWI defense practice.

Driving While Intoxicated Information Guide

Mandatory fines and penalties

DWI Penalties in New Jersey

The only scientific way to determine whether a driver is under the influence is through blood alcohol concentration (BAC). Your BAC can be tested with a simple Breathalyzer test.


In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI).


Being convicted of a DUI is a serious offense, carrying heavy penalties including:

  • Fines, fees and surcharges

  • License suspension

  • Ignition interlock device

  • Jail time

  • Community service

Mandatory fines and penalties

Mandatory fines and penalties2

Underage DWI

If you are under 21 years old and are convicted for driving or boating with a BAC of .01% or higher, the following penalties apply:


  • 30–90 day license suspension

  • Possible combination of the minimum sentences above and select DUI Mandatory Fines and Penalties, depending on the situation

  • 15–30 days mandatory community service

  • Participation in alcohol education and highway safety programs at an Intoxicated Driver Resource Center

  • If you are unlicensed and under 17 years of age at the time of the incident, you are subject to a 30–90 day delay in processing your driver license

Underage DWI

  • First DUI offense: Installation of interlock device for six months to one year upon restoration (judge's discretion); BAC 0.15% or greater requires mandatory installation of ignition interlock device during license suspension and for 6 months to 1 year following restoration

  • Second DUI offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration

  • Third DUI offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration If the court sentences you to get an interlock device, you will receive a notice of suspension from MVC with instructions on how to obtain the device. IMPORTANT NOTE: Failure to have an ignition interlock installed when ordered by a judge could result in an additional one year driving privilege suspension.