DWI image with a full shot glass and a set of car keys next to the shot glass

New Jersey DWI/DUI Penalties

The penalties, set forth in N.J.S.A. 39:4-50, vary depending on whether you have previously been convicted of DWI and the proven BAC reading as follows:

FIRST OFFENSE – BAC OF .08% AND UNDER .10% OR “UNDER THE INFLUENCE.”

  • FINE: $250.00 to $400.00.
  • INCARCERATION: “not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served . . . [at] the  Intoxicated Driver Resource Center . . . and, in the discretion of the Court, a term of imprisonment of not more than 30 days.”
  • LOSS OF LICENSE:  Three Months.
  • NEW JERSEY DMV SURCHARGE:  $1,000 per year for three years.
  • OTHER FINES & COSTS: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

FIRST OFFENSE – BAC OF .10% OR MORE OR UNDER THE INFLUENCE OF DRUGS.

  • FINE: $300.00 to $500.00.
  • INCARCERATION: “not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served . . . [at] the  Intoxicated Driver Resource Center . . . and, in the discretion of the Court, a term of imprisonment of not more than 30 days.”
  • LOSS OF LICENSE:  Seven Months to One Year.
  • IGNITION INTERLOCK DEVICE: In the Court’s discretion, six months to one year following restoration. This is a device installed on a car that prevents operation if, when blown into, registers a predetermined blood alcohol concentration.
  • OTHER FINES & COSTS: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, 200.00 NJ
  • MVC Restoration Charge(s), $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

SECOND OFFENSE:

  • FINE: $500.00 to $1,000.
  • COMMUNITY SERVICE:  30 Days.
  • INCARCERATION: “imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days . . .”
  • LOSS OF LICENSE:  Two Years.
  • NEW JERSEY DMV SURCHARGE: $1,000 per year for three years.
  • IGNITION INTERLOCK DEVICE: In the Court’s discretion, for one to three years following restoration. This is a device installed on a car that prevents operation if, when blown into, registers a predetermined blood alcohol concentration.
  • REVOCATION OF REGISTRATION: For two years. The Court must either revoke the registration certificates or require the installation of an Interlock Device (above).
  • OTHER FINES & COSTS: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

THIRD OFFENSE:

  • FINE: $1,000.
  • INCARCERATION: “imprisonment for a term of not less than 180 days . .”
  • LOSS OF LICENSE: Ten Years.
  • NEW JERSEY DMV SURCHARGE: $1,000.00 per year for three years unless the conviction happened within three years of the last one in which case the surcharge is $1,500.00 per year for three years.
  • IGNITION INTERLOCK DEVICE: In the Court’s discretion, for one to three years following restoration. This is a device installed on a car that prevents operation if, when blown into, registers a predetermined blood alcohol concentration.
  • REVOCATION OF REGISTRATION: For ten years. The Court must either revoke the registration certificates or require the installation of an Interlock Device (above).
  • OTHER FINES & COSTS: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

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