Can You Get a DWI After One Drink in New Jersey? What Drivers Need to Know

You may have felt like you made a responsible choice—just one drink with dinner, and you didn’t feel impaired. But now flashing lights fill your rearview mirror—and the next few minutes could carry serious legal consequences.

If you’ve been pulled over after one drink in New Jersey, it’s important to understand your rights, what police are trained to observe, and how your words and actions can significantly affect what happens next.

Can You Be Charged With a DWI After One Drink in New Jersey?

Yes, and many drivers don’t realize it. In New Jersey, you can be charged with driving while intoxicated (DWI) even if your blood alcohol concentration (BAC) is below 0.08%. While 0.08% is the legal threshold for a per se violation, an officer may still issue a DWI charge based on observed signs of impairment.

State law permits officers to rely on their training, field observations, and the totality of the circumstances—not just chemical test results—when deciding whether to arrest a driver. That means even a small amount of alcohol can lead to a DWI charge if your behavior raises suspicion of impairment.

What Police Look for During a DWI Stop in NJ

During a traffic stop, officers evaluate more than just your answers—they’re trained to detect subtle physical and behavioral cues that may indicate intoxication. These include:

• Trouble locating or handling your license and registration
• The odor of alcohol from the vehicle or your breath
• Bloodshot or watery eyes
• Slurred or delayed speech
• Fidgety, evasive, or nervous behavior

Even a statement like “I only had one drink” may prompt further investigation. What feels like honesty to you could strengthen an officer’s belief that you were under the influence.

DWI Stop in NJ: Should You Answer If Asked About Drinking?

By law, you’re required to present your license, registration, and proof of insurance when asked. However, you are not legally obligated to answer questions about alcohol consumption.

If asked whether you’ve been drinking, a calm, respectful response like, “I’d prefer not to answer any questions without speaking to an attorney,” can help protect your rights. This approach maintains politeness without offering statements that could be misinterpreted or used against you later.

Understanding New Jersey’s Implied Consent Law

Penalties for refusing a breath test in New Jersey can be serious—even for first-time offenders.

A first refusal may result in a license suspension, court-imposed fines, mandatory enrollment in the Intoxicated Driver Resource Center (IDRC), and annual surcharges from the Motor Vehicle Commission (MVC). In some cases, the court may also require you to install an ignition interlock device (IID) during your suspension and for a set period after your license is restored.

These consequences apply under New Jersey’s implied consent law, which treats refusal as a separate offense—meaning you could face penalties for refusal in addition to those for DWI, even without a confirmed BAC reading.

Legal Consequences of a DWI Arrest in New Jersey

Even after only one drink, a DWI arrest in New Jersey can result in serious legal and financial consequences. These may include:

• Suspension or restriction of your driver’s license
• Court-imposed fines, fees, and surcharges
• Mandatory participation in alcohol education or treatment programs through the Intoxicated Driver Resource Center (IDRC)
• Ongoing ignition interlock device (IID) requirements
• Higher auto insurance premiums
• A permanent DWI offense on your driving record

In some cases, jail time is also a possibility—even for first-time offenders. Drunk driving penalties tend to increase based on factors such as the driver’s blood alcohol content, prior convictions, the presence of minors in the vehicle, or whether the driver refused a chemical breath test.

Because DWI laws in New Jersey continue to evolve, and sentencing depends heavily on the specific facts of your case, it’s critical to seek legal representation as early as possible. A knowledgeable DUI/DWI defense attorney can help you understand your rights and develop a strategy to minimize the consequences.

Why What You Say During a NJ DWI Stop Matters

Many drivers try to explain their situation by saying things like:

• “I only had a drink with dinner.”
• “I feel fine.”
• “I’m just a few blocks from home.”

While these may seem harmless, they can be used by police to support their report and in-court testimony. Even if the report itself isn’t admissible, the officer may testify about what you said. What feels like an honest explanation could be interpreted as an admission that you consumed alcohol before driving.

Staying calm and respectful and limiting your responses to what’s legally required is often the safest route forward.

When to Contact a DWI Defense Attorney

If you’ve been arrested or cited for DWI—even after just one drink—it’s critical to seek legal guidance right away. An experienced defense attorney can:

• Evaluate the legality of the traffic stop
• Review how field sobriety or chemical testing was conducted
• Identify any violations of your constitutional rights
• Advocate for reduced penalties or dismissal based on the evidence

Don’t underestimate the importance of prompt legal support. What happens in the hours and days following your arrest can significantly impact the outcome of your case.

Facing a DWI in New Jersey? We Can Help.

If you were pulled over after one drink and are now facing DWI charges, the legal team at Rudnick, Addonizio, Pappa & Casazza PC is here to support you. We represent clients throughout Monmouth, Middlesex, and Ocean Counties, including East Brunswick, Hazlet, Holmdel, Red Bank, Brick, Toms River, and beyond.

We understand how stressful and confusing a DWI charge can be—especially when you believed you were sober enough to drive. Let us help you take control of your situation with clear, practical legal guidance tailored to your case.

Call us today or contact us online to schedule a confidential consultation.

Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal advice. Every case is different, and outcomes depend on specific facts and circumstances. If you are facing a DWI charge in New Jersey, speak with a qualified attorney to discuss your legal options.