New Jersey DWI Laws and Penalties

NJSA 39:4-50

Driving Under the Influence of Alcohol or Drugs (NJ DWI) Penalties

1st Offense (driving or permitting someone else to drive a vehicle in your possession)

  1. 0.08 to 0.10% Blood Alcohol Content [“BAC”]
    1. $250.00 – $400.00 fine
    2. 12-48 hours at Intoxicated Driver Resource Center at a charge of $75.00 a day
    3. maximum 30 days imprisonment
    4. 3 months driving suspension
    5. $100.00 surcharge to be deposited in a drunk driving fund
    6. $100.00 Alcohol Education and Rehabilitation Fund

0.10% or higher Blood Alcohol Content [“BAC”]

$300.00 – $500.00 fine
12-48 hours at Intoxicated Driver Resource Center at a charge of $75.00 a day

  1. maximum 30 days imprisonment
  2. 7 months – 1 year driving privilege suspension
  3. $100.00 surcharge to be deposited in a drunk driving fund
  4. $100.00 Alcohol Education and Rehabilitation Fund
  5. Required to install an ignition interlock device for 0.15% or higher Blood Alcohol Content [“BAC”]

Second Offense (including similar convictions in states other than New Jersey and any violation that occurred less than 10 years prior to the offense)

  1. 2 years driving privilege suspension
  2. $500.00 – $1000.00 fine
  3. Intoxicated Driver Resource Center, if required, at a charge of $100.00 a day
  4. 30 days community service
  5. 48 consecutive hours of imprisonment to 90 days of imprisonment
  6. Required to install an ignition interlock device
  7. $100.00 surcharge to be deposited in a drunk driving fund
  8. $100.00 Alcohol Education and Rehabilitation Fund

3rd Offense (including similar convictions in states other than New Jersey and any violation that occurred less than 10 years prior to the offense)

  1. 10 years driving privilege suspension
  2. $1,000.00 fine
  3. 180 days imprisonment, out of which up to 90 days may be served in an IDRC-approved drug or alcohol inpatient rehabilitation program
  4. $100.00 surcharge to be deposited in a drunk driving fund
  5. $100.00 Alcohol Education and Rehabilitation Fund


DWI in school zone or school crossing (within 1000 feet of school property)

1st Offense

  1. 12-24 month driving privilege suspension
  2. $500.00 – $800.00 fine
  3. 12-48 hours at Intoxicated Driver Resource Center at a charge of $75.00 a day
  4. Imprisonment for a maximum of 60 days
  5. $100.00 surcharge to be deposited in a drunk driving fund
  6. $100.00 Alcohol Education and Rehabilitation Fund

2nd Offense

  1. 4 years driving privilege suspension
  2. $1000.00 – $2000.00 fine
  3. 60 days community service
  4. 96 hours-180 days imprisonment, the court may lower this down to 90 days for each day of community service
  5. $100.00 surcharge to be deposited in a drunk driving fund
  6. $100.00 Alcohol Education and Rehabilitation Fund

3rd Offense

  1. 20 years driving privilege suspension
  2. $2000.00 fine
  3. 180 days imprisonment. A court may lower this down to 90 days for each day of participation in a drug or alcohol inpatient rehabilitation program.
  4. $100.00 surcharge to be deposited in a drunk driving fund
  5. $100.00 Alcohol Education and Rehabilitation Fund


NJSA 39:4-50.2; NJSA 39:4-50.4

Refusing the Alcotest or Breathalyzer Chemical Test

New Jersey law implies consent to submit to a chemical test if you are driving on New Jersey roads as long as the person administering the test has reasonable grounds to believe that you are driving while intoxicated. Refusal to take the Alcotest or Breathalyzer test in New Jersey will result in:

1st Offense

  1. 7-12 months driving privilege suspension
  2. $300.00 – $500.00 fine
  3. Required to install an ignition interlock device
  4. 12-48 hours at Intoxicated Driver Resource Center at a charge of $75.00 a day

2nd Offense

  1. 2 years driving privilege suspension
  2. $500.00 – $1000.00 fine
  3. Required to install an ignition interlock device
  4. Intoxicated Driver Resource Center, if required, at a charge of $100.00 a day

3rd Offense

  1. 10 years driving privilege suspension
  2. $1000.00 fine
  3. Required to install an ignition interlock device


Refusing the Alcotest or Breathalyzer Chemical Test in school zone or crossing

1st Offense

  1. 12-24 months driving privilege suspension
  2. $600.00 – $1000.00 fine

2nd Offense

  1. 4 years driving privilege suspension
  2. $1000.00 – $2000.00 fine

3rd Offense

  1. 20 years driving privilege suspension
  2. $2000.00 fine

NJSA 39:4-50.14

Underage Penalities for DWI or “NJ Baby DWI”

Minimum:

  1. 30-90 day driving privilege suspension if currently licensed; or
  2. 30-90 day prohibition from becoming a licensed driver at 17 years: and
  3. 15-30 days mandatory community service: and
  4. participation in an Intoxicated Driver Resource Center or other alcohol education and highway safety program

OR

  1. a combination of the minimum sentences above and DUI sentences

Maximum:

  1. DUI sentences . If the blood alcohol concentration is 0.08% or higher, underage persons will receive adult DUI sentences as noted.

NJSA 39:3-40

Penalties for Driving While Suspended, including enhanced sentencing

First Offense

  1. $500.00 fine; and
  2. 6 Month suspension extension
  3. A revocation of the driver’s motor vehicle registration privilege if the offense occurs while suspended for a DWI (39:4-50) or refusing a chemical test (39:4-50.4(a)).
  4. An enhanced sentence of an additional $500.00 fine, 12-24 month license suspension, and 10-90 day imprisonment if the license suspension occurred as a result of a DWI or refusal to submit to an Alcotest chemical test.

2nd Offense

  1. $750.00 fine; and
  2. 1-5 day imprisonment ; and
  3. 6 Month suspension extension
  4. A revocation of the violator’s motor vehicle registration privilege if the second offense involves the operation of a motor vehicle during a period when the violator’s driver’s license is suspended and that second offense occurs within five years of a conviction for that same offense
  5. An enhanced sentence of an additional $500.00 fine, 12-24 month license suspension, and 10-90 day imprisonment if the license suspension occurred as a result of a DWI or refusal to submit to a chemical test.

Third or subsequent offense

  1. a fine of $1,000.00
  2. imprisonment in the county jail for 10 days
  3. revocation of the violator’s motor vehicle registration privilege if the second offense involves the operation of a motor vehicle during a period when the violator’s driver’s license is suspended and that second offense occurs within five years of a conviction for that same offense
  4. 6 Month suspension extension
  5. Imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to another person
  6. An enhanced sentence of an additional $500 fine, 12-24 month license suspension, and 10-90 day imprisonment if the license suspension occurred as a result of a DWI or refusal to submit to a chemical test.

Thomas C. Blauvelt, Esq.

Former NJ Prosecutor

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