What is a High BAC DWI Charge in New Jersey?

Those who are found driving while intoxicated (DWI) can face very serious consequences for their actions. If a driver’s blood alcohol concentration (BAC) is over the legal limit of 0.08%, it is possible for them to be charged with a DWI. Law enforcement officers can determine a driver’s BAC by administering a Breathalyzer or an Alcotest.

Sometimes, a driver may be found with a BAC that is significantly higher than the legal limit. When this happens, the driver may receive a different charge instead of a regular DWI. If a driver is pulled over with a BAC over 0.10%, they may be charged with a High BAC DWI. Courts and law enforcement officers in the state of New Jersey are strict in charging and penalizing those who drive while under the influence. These consequences for those charged with a High BAC DWI may be more intense than those of a regular DWI charge.

Penalties of a High BAC DWI

Law enforcement officers take High BAC DWI charges very seriously. Drivers with a BAC of 0.10% or higher may face the following consequences:

  • Up to 30 days in jail
  • A suspended driver’s license for 7-12 months
  • A fine between $300 and $500
  • $100 to the Alcohol Education and Rehabilitation Fund
  • $100 to the Drunk Driving Fund
  • $75 to the Neighborhood Services Fund
  • 12-48 hours in the Intoxicated Driver Resource Center
  • The installation of an ignition interlock device during the license suspension and between 6-12 months after its restoration

New Jersey does not issue hardship license to drivers. A hardship license is a license that is issued after the suspension of a regular license. It allows individuals to drive under certain circumstances. Drivers who are charged with a High BAC DWI in the state of New Jersey are not able to request this license for any reason.


When facing a High BAC DWI charge, it is important for an individual to be aware of the options they have for their defense. When a law enforcement officer stops a driver for a suspected DWI, they are required to follow certain rules before they can charge the driver. This may include:

  • A lawful stop: A law enforcement officer is required to have probable cause for pulling over a driver. If they did not, the arrest may be considered unlawful and any evidence from the stop may be thrown out of court.
  • Field sobriety tests: In order to determine if a driver is intoxicated, a law enforcement officer may administer a series of sobriety tests. These tests must be done by following the correct guidelines, otherwise, the evidence may be inadmissible in court.
  • A breath test: When an officer pulls over a driver under the suspicion of drunk driving, they cannot administer a breath test right away. The officer must assess the driver’s condition for at least 20 minutes before administering the test.

Contact our Firm

If you have been charged with a High BAC DWI and wish to speak with an experienced attorney, contact REM Law Group P.C. today.

If you or your family member has been charged with a DWI, having an experienced criminal defense team available to advocate on your behalf is crucial. The Rem Law Group, P.C. is here to help. Contact our firm today.