The Penalties for DUI and DWI in New Jersey

Penalties for DUI and DWI in New Jersey

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) charges in New Jersey can lead to serious consequences including fines, license suspension, ignition interlock devices, and even jail time. The specifics of the penalties depend on whether it is a first, second, third or subsequent offense. Let’s break down what you can expect if charged and convicted.

First Offense DUI/DWI Penalties

For a first drunk driving offense in New Jersey, penalties may include:

• Fines from $250-$400 plus other costs
• License suspension of 3 months (with ignition interlock device) up to 1 year
• 12-48 hours at an Intoxicated Driver Resource Center (IDRC)
• Possible up to 30 days in jail
• Community service
• Surcharges on auto insurance ($1,000 per year for 3 years)

The length of the license suspension depends on your blood alcohol concentration (BAC) level at the time of arrest. For example, for a BAC between 0.08% and 0.10%, expect a 3 month license suspension. But for a BAC of 0.15% or higher, the suspension jumps up to 7 months-1 year.

An ignition interlock device also must be installed in your vehicle for the same time period as the license suspension to prevent you from driving after drinking.

First offenders may be able to enter a pre-trial intervention program which allows charges to be dismissed after completing all requirements. But this option is not available to commercial drivers or if someone was injured.

Second Offense DUI/DWI Penalties

A second DUI or DWI offense within 10 years leads to much stiffer penalties:

• Fines from $500-$1,000 plus other costs
• License suspension of 2 years
• 30 days of community service
• 48-96 hours at an IDRC
• 2-90 days in jail
• Ignition interlock device required for 2 years
• $1,000/year insurance surcharge for 3 years

There are also enhanced penalties if the second offense occurs while driving on a suspended license from a prior DUI.

Third Offense DUI/DWI Penalties

A third DUI or DWI offense within 10 years ratchets the penalties up further:

• $1,000 fine
• License suspended for 10 years
• Ignition interlock for 1-3 years after restoration
• Insurance surcharges of $1,500/year for 3 years
• 180 day jail sentence (may substitute 90 days inpatient rehab)
• 30 days community service

Refusing a Breath Test

Refusing to provide a breath sample for blood alcohol testing leads to serious consequences in New Jersey. This includes fines up to $500, license suspension of 7 months-1 year, and installation of an ignition interlock device for 1-2 years.

Defenses Against DUI/DWI Charges

There are defenses that a knowledgeable New Jersey DUI attorney can raise to fight the charges, for example:

• Illegal traffic stop
• Failure to properly administer field sobriety tests
• Errors in breath or blood testing procedures
• Medical conditions that mimic signs of intoxication