New Jersey Implied consent – administrative / civil penalty for refusal
- None for the refusal of a blood or urine test. Drivers who refuse a breath test face the suspension of driving privileges.
New Jersey Implied consent – criminal penalty for refusal
- None for the refusal of a blood or urine test. Drivers who refuse a breath test face fines.
New Jersey DUI Conviction – administrative / civil penalty (license suspension, use of IID)
- First conviction driver’s license suspended for seven to ten months.
- Second conviction driver’s license suspended for two years; use of IID required.
- Third conviction driver’s license suspended for 10 years; use of IID required. N.J.S.A. 39:4-50.
- Offenders face insurance surcharges of $1,000-$1,500 per year, depending on the number of prior offenses. N.J.S.A. 17:29A-35.
New Jersey DUI Conviction – criminal penalties (jail sentence, fines, community service)
- First conviction jail sentence up to 30 days; fine of $300-$500.
- Second conviction jail sentence of 48 hours to 90 days; fine of $500-$1,000; 30 days community service.
- Third or subsequent violation minimum jail sentence of 180 days; fine of $1,000; community service up to 90 days.
- Additional penalties for committing a violation while causing serious bodily injury. N.J.S.A. 39:4-50. Child endangerment
- Enhanced criminal penalties for committing a violation within 1,000 feet of a school or through a school crossing. N.J.S.A. 39:4-50(g).
- Parent or guardian who is convicted of a violation and, at the time of the violation, had a passenger age 17 or under in the motor vehicle, is guilty of a disorderly persons offense. N.J.S.A. 39:4-50.15.
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
