Richard Huizenga Attorney
call-nj-attorney

New Jersey DUI & DWI Penalties

Driving under the influence of alcohol or drugs in the state New Jersey may result in fines, imprisonment, or the loss of your driving privileges. It is a good idea to hire an experienced New Jersey DUI lawyer who can help you negotiate lower penalties or try to get the charges dismissed altogether.

How severe the penalties will be in your particular case depends on different factors, including if this was your first offense, how high your blood alcohol content was at the time of your arrest, and whether you refused a chemical test.
Here are the penalties you face under a few different NJ DUI circumstances:

First Offense With Blood Alcohol Content Between 0.08% And Less Than 0.10%:

  • Three months suspended driver’s license
  • $250-$400 fine
  • 12-48 hours at Intoxicated Driver Resource Center
  • Up to 30 days imprisonment

First Offense With Blood Alcohol Content 0.10% or over

  • Seven months to one year suspended driver’s license
  • $300-$500 fine
  • 12-48 hours IDRC
  • Up to 30 days imprisonment

Second Offense

  • Two years suspended driver’s license
  • $500-$1,000 fine
  • 30 days community service
  • 12-48 hours IDRC
  • 48 hours to 90 days imprisonment

Additionally, for a second-offense conviction of DUI in NJ, the court will impose installation of an Ignition Interlock Device during the term of suspension and for one to three years after driving privileges have been restored.

In addition to the court-imposed penalties, a person conviction of a second-offense DWI in NJ is subject to an insurance surcharge of $1,000.00 a year for three years ($3,000.00).

Third or Subsequent Offense of DUI in NJ

  • Ten years suspended driver’s license
  • $1,000 fine
  • Up to 90 days community service
  • 12-48 hours IDRC
  • 180 days imprisonment

Additionally, for a third-offense conviction of DUI, the court will impose installation of an Ignition Interlock Device during the term of suspension and for one to three years after driving privileges have been restored.

In addition to the court-imposed penalties, a person conviction in NJ of a third-offense DWI is subject to an insurance surcharge of $1,500.00 a year for three years ($4,500.00) for a third offense within a three-year period.

Refusing a Chemical Test, First Offense

  • Seven months to one year suspended driver’s license
  • $300-$500 fine
  • 12 hours minimum IDRC

Refusing a Chemical Test, Second Offense

  • Two years suspended driver’s license
  • $500-$1,000 fine
  • 12 hours minimum IDRC

Refusing a Chemical Test, Third or Subsequent Offense

  • Ten years suspended driver’s license
  • $1,000 fine
  • 12 hours minimum IDRC

These penalties are in addition to any penalties you may receive from a DUI or DWI conviction. A refusal penalty can also include the installation of an Ignition Interlock Device Requirement.

School Zones

There are additional penalties for driving under the influence in a school zone or school crossing in New Jersey. They are typically twice the normal penalties (up to 20 years suspended driver’s license, a $2,000 fine, and 180 days imprisonment for a third offense).