UNION COUNTY DWI ATTORNEY

NEW JERSEY DWI PENALTIES

 


The only scientific way to determine whether a driver is under the influence is through blood alcohol concentration (BAC). Your BAC can be tested with a simple Breathalyzer test.

In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI).

Being convicted of a DUI is a serious offense, carrying heavy penalties including:
Fines, fees and surcharges
License suspension
Ignition interlock device
Jail time
Community service

Mandatory fines and penalties

Alcohol or drug related DUI with BAC of 0.10% or greater
License loss
Fines, fees & surcharges
Prison term
Community service, IDRC & Interlock
7 months–
1 year
$300–$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days
12–48 hours IDRC*
BAC 0.15% or greater: ignition interlock device during license suspension and 6 months - 1 year following restoration

Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10%
License loss
Fines, fees & surcharges
Prison term
Community service, IDRC & Interlock
3 months
$250–$400 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days
12–48 hours IDRC*

Repeated DUI convictions
Offense
License loss
Fines, fees & surcharges
Prison term
Community service, IDRC & Interlock
2nd offense within 10 years
2 years
$500–$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
48 hours–
90 days
30 days CS
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration
3rd offense within 10 years of 2nd offense
10 years
$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
180 days
Up to 90 days CS (can reduce period of imprisonment)
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration

Related Offenses

Driving or riding with an open container
Offense Fines Community service
1st $200 –
2nd $250 10 days

Driving with a DUI suspension
License loss Fines or surcharges Prison term
Additional
1–2 years $500 fine
$250/year (for 3 years) surcharge 10–90 days

Driving while possessing drugs
License loss Fines or surcharges
2 years Minimum $50 fine

Driving while possessing drugs
License loss Fines or surcharges
2 years Minimum $50 fine

Notes:
*IDRC - Intoxicated Driver Resource Center
*AERF - Alcohol Education and Rehabilitation Fund
Underage drinking may cause a six-month delay in getting a license
Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program

Failure to pay DUI surcharges will result in
Indefinite suspension of driving privileges
Action filed in State Superior Court by MVC. This may include securing a lien against your property, garnishing your wages or other similar action