The "per se" drunk driving laws, which were passed in all 50 states, mean that if a driver registers blood alcohol level of .08 (this is the BAC, or Blood Alcohol Content),  that driver is presumed intoxicated, no matter what the outcome of any roadside test shows.  The passing of the "per se" law was a goal of Mothers Against Drunk Driving (MADD) and was encouraged by a federal highway transportation bill that connected future federal funding to the passing of such state laws. In New Jersey, if the BAC is lower than .10, but higher than .08, your license is suspended for three months.  If your BAC is higher than .10, the penalty is doubled, and your license may be suspended for 7 to 10 months.

It is incumbent upon the state to prove your BAC was in violation of the law, if you are being charged with drunk driving.  In New Jersey, this is done by using either the breathalyzer test or an Alchotest.  New Jersey is an "implied consent" state, which means that by operating a motor vehicle, you are consenting to having your BAC tested by a police officer, should you be pulled over with probable cause, under the suspicion that you are intoxicated. Consequently, refusing to take the test results in an automatic suspension of your driver's license for 7-12 months for the first offense, 2 years for the second, and 10 years for the third. Therefore, it is advisable to submit to the test, and then contact an attorney.