New Jersey is a popular destination for business and leisure travelers, but if you are arrested for Driving While Intoxicated (DWI) while visiting from another state, the consequences can follow you home. Many out-of-state drivers mistakenly believe that a DWI in New Jersey will not affect their driving privileges in their home state, but that is far from the truth.
New Jersey has some of the strictest DWI laws in the country, and because of interstate agreements, a DWI conviction in New Jersey can have consequences nationwide. If you have been arrested for DWI while visiting New Jersey, understanding how the law works, the penalties you may face, and how to fight the charges is essential to protecting your rights and your future.
How New Jersey Handles DWI Charges for Out-of-State Drivers
New Jersey does not differentiate between in-state and out-of-state drivers when enforcing its DWI laws. If you are stopped and arrested for DWI while visiting New Jersey, you will be subject to the same legal process and penalties as a resident driver.
New Jersey’s DWI laws are covered under N.J.S.A. 39:4-50, which makes it illegal to operate a vehicle with:
- A Blood Alcohol Concentration (BAC) of 0.08% or higher
- Any amount of alcohol that impairs your ability to drive
- Any detectable level of narcotics or controlled substances
Unlike some states, New Jersey treats DWI as a traffic offense, not a criminal offense. This means a conviction will not appear on a criminal record, but it can still carry serious penalties.
What Are the Penalties for Out-of-State Drivers Convicted of DWI in New Jersey?
If you are convicted of DWI in New Jersey, the penalties you face depend on your BAC level and whether it is your first offense.
For out-of-state drivers, the most significant penalty is how New Jersey reports your conviction to your home state, which can trigger additional penalties under your state’s DWI laws.
How a New Jersey DWI Affects Your Home State Driving Privileges
Many states are part of the Driver License Compact (DLC), which means they share information about traffic violations and DUI/DWI convictions. If you are convicted of DWI in New Jersey, your home state will likely take action against your license based on its own laws.
Some possible consequences include:
- License suspension in your home state (even if New Jersey only restricted your driving in-state)
- Higher insurance rates nationwide
- Completion of alcohol education programs required by your home state
- Additional fines or penalties under your state’s DWI laws
Some states, such as New York and Pennsylvania, automatically enforce suspensions for out-of-state DWI convictions, while others impose separate penalties based on local laws.
If you live in a state not part of the Driver License Compact, your home state may not enforce the suspension, but New Jersey’s penalties will still apply while driving in the state.
Can You Fight a New Jersey DWI If You Live Out of State?
Yes. You do not have to accept a DWI conviction simply because you were visiting New Jersey. There are several ways an experienced DWI defense attorney can challenge your arrest.
Possible Defenses Against a New Jersey DWI
- Challenging the Traffic Stop
- Did the officer have reasonable suspicion to stop you? If not, the stop may be invalid, and the evidence could be suppressed.
- Questioning the Accuracy of Field Sobriety Tests
- Field sobriety tests are not always reliable, and medical conditions, fatigue, or poor weather conditions can lead to false failures.
- Examining Breathalyzer Calibration and Procedures
- New Jersey requires that breathalyzers be properly maintained and calibrated. If the device was faulty or officers failed to follow testing protocols, the BAC result may be challenged.
- Proving That Your BAC Was Rising
- If you drank alcohol shortly before driving, your BAC may have been below the legal limit when you were actually operating the vehicle. Your lawyer can argue that your BAC rose after you were pulled over.
- Negotiating for Reduced Charges
- If a conviction is likely, your attorney may be able to negotiate a plea agreement for a lesser charge, such as reckless driving, to minimize penalties.
What Should You Do If You Are Arrested for DWI While Visiting New Jersey?
If you are facing DWI charges as an out-of-state driver, you need to take immediate action to protect your license, record, and future.
- Do not plead guilty without speaking to a lawyer – Accepting a conviction without a fight could result in long-term penalties in your home state.
- Contact a New Jersey DWI defense attorney – An experienced lawyer can help you challenge the arrest, negotiate reduced charges, or even get the case dismissed.
- Understand your home state’s penalties – Your attorney can advise you on how a New Jersey conviction will affect your driving privileges back home.
Get the Defense You Need for a New Jersey DWI
A DWI conviction in New Jersey can follow you long after your visit, impacting your driving privileges, insurance, and criminal record. If you have been arrested for DWI while visiting the state, you need an experienced defense attorney to fight the charges and protect your future.
With over 35 years of experience, Attorney Anthony N. Palumbo has successfully defended DWI cases for both New Jersey residents and out-of-state drivers.
Call 908-987-2937 today for a free consultation to discuss your case and explore your legal options. Protect your license and your rights—get the defense you deserve.
