Test Stylesheet Page

DWI In New Jersey — Frequently Asked Questions

• Q. Is a DWI conviction a criminal offense in New Jersey?

  No. A New Jersey DWI conviction will not result in any criminal case history.

• Q. Does a DWI conviction carry DMV points in New Jersey?

  No. A DWI or refusal to submit to Alcotest conviction does not carry any license points with the NJMVC. However, many insurance companies use their own eligibility point systems, and a DUI or refusal can cause you nine insurance points and prevent you from getting an auto insurance.

• Q. Can I can get a work license?

  New Jersey does not allow individuals convicted of a DWI any sort of conditional or restricted license. This means you cannot get a license for work, or for any other reason. Until you have served out your suspension, you will not be able to drive legally.

• Q. Do I have to take a breathalyzer test or Alcotest?

  Yes, you have to, if you are operating a motor vehicle on a New Jersey public roadway. Refusing to take a breath test does have consequences. It will land you an automatic license suspension of at least seven months and up to a year. This is in addition to the suspension you receive for your actual DWI conviction. If you are facing a second conviction, the additional suspension is two years.

• Q. Do I have to take a blood test or urine test?

  No.

• Q. Do I have to take the standard field sobriety tests?

  You do not have to take the field sobriety tests either. There are a number of tests used by police officers in addition to the breath or blood or urine test. These SFST tests, though, are not a requirement. There is actually nothing that the state can do to you for refusing to take these additional tests. Refusing to take them can help lessen the amount of evidence the state can use against you.

• Q. Can I represent myself in court?

  You always have the right to represent yourself. However, when facing a possible DWI or refusal conviction, do you really want to take the chance? The penalties for conviction are so significant that it only makes sense to hire the best representation possible.