What is the legal limit to drive in New Jersey?
In New Jersey, the legal blood alcohol concentration (BAC) limit depends on the type of driver and their age. A BAC at or above these levels can lead to a DWI charge, and in some cases, impairment charges can be filed even below the listed limits. Call us to speak with experienced former prosecutor and NJ DUI lawyer.
Adults (21 and older): 0.08% BAC
For standard drivers, the legal limit is 0.08%. New Jersey is a “per se” state, meaning a BAC of 0.08 or higher automatically qualifies as a DWI. However, officers can charge you even below 0.08 if they believe your driving was impaired by alcohol or drugs.
Commercial Drivers (CDL): 0.04% BAC
Operators of commercial vehicles—including truck and bus drivers—are held to a stricter standard. A BAC of 0.04% or higher while driving a commercial vehicle can result in a DWI with enhanced penalties.
Underage Drivers (Under 21): 0.01% BAC
New Jersey uses a “zero tolerance” approach for underage drivers. Any BAC of 0.01% or above can trigger an underage DWI or DUI charge, along with license suspension and mandatory alcohol education programs.
If you were charged based on a breath test result or believe the reading was inaccurate, an attorney can evaluate calibration records, the testing procedure, and the officer’s observations to identify potential defenses.
The legal BAC limit is 0.08% for adult drivers, 0.04% for commercial drivers, and 0.01% for underage drivers. New Jersey can also charge a driver below the legal limit if the officer believes the driver was impaired.
Anthony J. Vecchio, Esq.
New Jersey DUI & Criminal Defense Attorney
Former Municipal Prosecutor
Law Office of Anthony J. Vecchio, LLC
